Horutz v. Horutz

OPINION

Before BOOCHEVER, C. J., and RABIN-OWITZ, CONNOR, ERWIN and BURKE, JJ. RABINO WITZ, Justice.

This is an appeal from the custody provisions of a divorce decree. In its decree the superior court awarded custody of the parties’ minor son Jason (then approximately two years of age) to appellee Michael Ho-rutz with “. . . Mary Frances Horutz having visitation rights as follows: One-half (½) day each week, provided the child is returned to the Plaintiff before bedtime.” 1

In concluding that Jason’s best interests required that he be in the care, custody and control of Michael Horutz, the trial…