OPINION
MASSEY, Chief Justice.
Kenneth Wayne Varnon, Petitioner, brought suit against his divorced wife, Wanda Leih Atchison, Respondent, for a change of custody of their minor child, Gary Wayne. After having appeared and filed answer consisting of a general denial, at a date subsequent Respondent filed a motion to dismiss the Petitioner's suit.
Following a hearing by the court a decree dismissing the suit was entered and Petitioner appealed.
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