In Re Marriage of Cotton

This appeal requires us to determine whether the trial judge abused his discretion when he modified a child-custody decree after the divorce decree had become final. More specifically, we are asked to decide if the evidence of neglect and child abuse was sufficient to warrant a change in custody of the parties’ three-year-old daughter from the mother to the father.

Claudia and Jackie Cotton were married on November 16, 1974, and Christy Cotton was born on February 29, 1978. Claudia and Jackie were divorced on September 26, 1979, and Claudia was given custody of Christy. On April 22, 1981,…