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POWELL v. POWELL

665 S.W.2d 312 (1984)

David Karl POWELL, Movant, v. Rebecca Lynn POWELL (Now Santana), Respondent.

Supreme Court of Kentucky.

March 8, 1984.

Attorney(s) appearing for the Case

David E. Melcher, Swinford & Sims, Cynthiana, for movant.

Irene P. Long, Bedford, for respondent.

OPINION OF THE COURT

David and Rebecca Powell were divorced on June 17, 1977, and pursuant to agreement of the parties, Rebecca was given custody of their infant son, Jason, with visitation rights by David. Rebecca married Arturo Santana in November of 1980.

In January of 1981, David Powell filed a Motion for a Change of Custody which was heard on July 22, 1981. The trial court in its findings of facts stated:

6. That there was some drinking that...

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