Cole v. Cole
Cole v. Cole
Opinion
This is a child custody case.
Donna Patricia Cole and Joseph Charles Cole were divorced by a final decree entered June 3, 1983. Custody of the couple's two minor daughters was awarded to Mr. Cole, subject to Mrs. Cole's visitation rights. Mrs. Cole appeals here, asserting that (1) the trial court abused its discretion in awarding custody of the children to the father, and that (2) the findings of the trial court are unsupported by the evidence. We do not agree.
A child custody award incident to divorce is a matter within the sound discretion of the trial court. Baker v. Baker,
Where, as here, a custody award is made after an ore tenus hearing, we have often stated that this court will presume that the trial court correctly applied its discretionary authority to adjudge the child's best interest. Lightfoot v. Bylsma,
After reviewing the record before us, we are convinced that the trial court properly considered the aforementioned factors in exercising its discretion to award custody to Mr. Cole. We find no abuse of discretion in the court so doing, and we consider the evidence adequately supports the trial court's judgment. Viewing the record in the light of the ore tenus presumption of correctness, we must affirm.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Donna Patricia Cole v. Joseph Charles Cole.
- Cited By
- 26 cases
- Status
- Published