Johnston v. Johnston

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a child custody modification case.

The divorce judgment approved an agreement of the parties whereby the mother was granted custody of the minor daughter of the parties. Subsequently, the father filed a petition seeking custody of the child. After a trial before the circuit court, custody was granted to the father. The mother appeals and questions the adequacy of the evidence to uphold the judgment of the trial court.

*1076The ore tenus rule applies; hence, there is a strong presumption in favor of the factual holding of the trial court, and the…