Smith v. Smith

This is a child custody modification case.

The parties were divorced in 1982. The mother was granted custody of the parties' two children, Jacqueline Loehmann Smith, now twelve, and Glen Franklin Smith, now ten. In August 1984 the father filed a petition to modify the divorce decree to allow him to have custody of the children. From the denial of this petition the father appeals. We affirm.

The law relevant to petitions to change custody of children between parents is well settled: when a noncustodial parent attempts to modify a decree granting custody to the other parent, the noncustodial…