Smith v. Rhodes

GRAHAM, Judge.

One of the findings of fact relied upon by the trial court to support a change in custody is “[t]hat the two minor children . . . now desire to live and reside with their mother, the defendant, and to visit with their father, the plaintiff, during vacation times.” There is no evidence in the record to. support this finding. Apparently it is based on information obtained during a private conversation which the trial judge had with one of the children, over plaintiff’s objection, and out of the presence of plaintiff and his counsel. Plaintiff’s first assignment of error…