Moss v. Moss

Gregory, Justice:

Appeal is taken from an order of the Family Court transferring custody of the parties’ twin eight year old boys from appellant father to respondent mother. We reverse.

Respondent was first awarded custody of the children by the decree of divorce dated May 1, 1974. Thereafter, appellant received temporary custody which ripened into an order awarding permanent custody on May 2, 1977. This order was issued after a full hearing on the merits at which both parties participated and were represented by counsel.

*121Respondent filed but ultimately abandoned her appeal of the order of May…