In re the Marriage of Dawkins

LeGRAND, Presiding Justice.

This case is here on a petition for further review concerning custody of Cory Daw-kins, the minor son of the parties. The district court modified the original decree to transfer custody from the mother (Cindy) to the father (John). On her appeal, the Court of Appeals, with one dissent, reversed, maintaining custody in Cindy. We granted further review, and we now vacate the decision of the Court of Appeals and award custody, as did the trial court, to John.

At the time of the hearing on the application to modify, Cory was almost four years old. The evidence discloses…