Yates v. Yates

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a child visitation modification case in which the mother sought to limit or restrict for the present time the father’s visitation of their only child to the mother’s home because the child had an allergy and asthma. The father’s counterclaim asked the court to enforce the forty-eight hour visitation of the son with him every other weekend as had been originally granted by a previous judgment of the circuit court.

After an ore tenus hearing in which the parties consented that the trial court could discuss the child’s condition with the attending…