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ENGLAND v. PHILLIPS

No. 11819.

537 P.2d 1019 (1975)

96 Idaho 830

Marletta Phillips ENGLAND, Plaintiff-Respondent, v. Kenneth J. PHILLIPS, Defendant-Appellant.

Supreme Court of Idaho.

June 24, 1975.

Attorney(s) appearing for the Case

Robert M. Kerr, Jr., of Kerr & Williams, Blackfoot, for appellant.

Robert C. Huntley, Jr., of Racine, Huntley & Olson, Pocatello, for appellee.

BAKES, Justice.

On March 17, 1973, the district court of Bingham County entered a decree granting a divorce to Marletta Phillips and Kenneth J. Phillips. Custody of their two children, Kenneth (born in 1968) and Julia (born in 1970), was awarded to the father subject to liberal visitation rights in the mother. The custody award was based upon findings by the trial court that the mother was emotionally unstable, that she had on occasion left the children alone and...

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