In Re the Marriage of Lampton

STERNBERG, Judge.

The dispositive issue in this appeal is whether, in a dissolution of marriage proceeding, joint custody of a child may be awarded where one parent opposes such award. We hold that an award of joint custody of a child in the absence of agreement of the parties, as was done here, is an abuse of discretion. Therefore, we reverse the custody order and remand the cause for further proceedings.

Margaret Jane E. Lampton, the mother, petitioned for dissolution of her marriage to Kenneth R. Lampton, Jr., the father. At that time, the mother, in her second trimester of pregnancy,…