Marriage of Yotter v. Williamson

This appeal was taken from a judgment of the District Court of the Thirteenth Judicial District declaring the custody of M.L.Y. and M.Y. Due to procedural error we must vacate the judgment of the District Court.

The underlying consolidated actions were the latest of a series of disputes between the husband and wife since their divorce in 1978. At the time of divorce the parties entered into a custody and support agreement. This agreement was incorporated in the decree of dissolution. Theresa was to be the custodial parent of the two children. Although the decree of dissolution granted…