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IN RE MARRIAGE OF MYERS

No. 3-578 A 134.

387 N.E.2d 1360 (1979)

In re the MARRIAGE OF Bruce B. MYERS, Appellant-Petitioner, and Laura J. Myers, Appellee-Respondent.

Court of Appeals of Indiana, Third District.

Rehearing Denied June 7, 1979.

Attorney(s) appearing for the Case

Steven L. Artusi, Robert F. Gonderman, Gonderman Law Offices, South Bend, for appellant-petitioner.

Leonard V. Campanale, Mishawaka, for appellee-respondent.

STATON, Judge.

After hearing evidence, the trial court issued a decree dissolving the marriage of Bruce Myers and Laura Myers and awarding custody of their son, Keith Allen Myers, to Laura Myers. Bruce Myers appeals the grant of custody.1 We hold that the trial court abused its discretion when it acted under a presumption that the mother should have custody of a child upon dissolution of marriage.

At the end of 1974, Bruce and...

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