In re the Marriage of Utzinger

STERNBERG, Judge.

Leah Catherine Utzinger Miley (the mother) appeals an order changing custody of her daughter from her to Kenneth John Utzinger (the father). We affirm.

At the time of the dissolution of the marriage of the parties in 1981, the trial court approved a property settlement agreement which, inter alia, awarded custody of the then two-year-old daughter of the parties to the mother. When the mother later remarried, an order was entered permitting her to move from the state with the child.

When the child was five years old and was visiting with her father, an incident occurred leading…