Andrews v. Andrews

This is a child custody modification case.

The father petitioned the trial court to modify the parties' 1978 divorce decree, which awarded custody of the parties' two minor children to the mother. The mother counterclaimed, seeking an increase in child support.

Following an ore tenus hearing, the trial court granted the father's petition and transferred custody of the children to him. The mother appeals. We reverse and remand.

When a trial court is presented evidence ore tenus in a child custody case, its determination is afforded a presumption of correctness and will not be reversed unless the…