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SMITH v. SMITH

No. 14695.

564 P.2d 307 (1977)

Randy SMITH, Plaintiff and Appellant, v. Linda K. Jacobson SMITH, Defendant and Respondent.

Supreme Court of Utah.

May 6, 1977.

Attorney(s) appearing for the Case

Pete N. Vlahos, of Vlahos & Knowlton, Ogden, for plaintiff and appellant.

Russell J. Hadley, Salt Lake City, for defendant and respondent.

CROCKETT, Justice:

Plaintiff, Randy Smith, appeals from an order in proceedings supplemental to a divorce in which the trial court took custody of the couple's two children, now aged 8 and 3, from him and awarded custody to his former wife, Linda K. Jacobson Smith (now Moore).

Plaintiff contends (1) that there was not a sufficient showing of a change of circumstances to warrant modifying the decree; (2) that defendant has no absolute right to custody of minor...

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