Coldwater v. Coldwater

An interlocutory1 divorce decree (April 6, 1962) awarded custody of the only child of the parties, a boy then approximately 4 years of age, to the mother. The father sought a modification of the decree, which would give him custody (petition filed January 10, 1963). The trial court refused to change the custody. The father appeals.

From the trial court’s memorandum opinion of April 9, his statements from the bench on April 24 and September 13 (all in 1963),2 it is manifest that there has been some soul searching in dealing with this always difficult question of child custody. The court’s…