Ewing v. Baumrind

Gardner, Judge:

This change of custody action was brought by Linda Sue Decker Ewing (Linda) against her former husband, Vernon Baumrind (Baumrind). On his own motion, the trial judge nonsuited Linda. We disagree, reverse and remand.

While this court holds in highest regard the learned and esteemed trial judge, we find the appeal order to be based upon misconceptions of law.

The trial judge held that (1) when the parties were divorced in 1982, custody of the children was vested in Baumrind because Linda was then having an adulterous affair with her then paramour, Dr. Ewing, whom she has since…