Livengood v. Sechler

This is a child custody case.

After an ore tenus hearing, the Circuit Court of Russell County awarded custody of a six year old female child of the parties to the mother. The father appeals and we affirm.

The dispositive issue is whether the learned trial judge abused his discretion in awarding custody to the mother.

The record reveals the following: The parties were divorced by decree entered December 3, 1975. The mother was granted custody of the minor child.

Approximately one year later, this decree was modified to incorporate a subsequent agreement of the parties. Under the new decree, the…