Wheeler

Defendant, Lloyd Wheeler, appeals the denial of his motion to modify a judgment of divorce by changing custody of his younger son Kevin from Joane Wheeler to himself.

Joane and Lloyd are parents of two sons, Shaun, born February 20, 1960, and Kevin, bom September 13, 1962. Joane was given custody of the children July 21, 1964, with Lloyd having reasonable visitation rights. Lloyd married Sharon in 1966, and Joane married Luther Landrum in 1969.

On April 6, 1972, Landrum and Lloyd had an altercation when Lloyd was late picking up the boys for a weekend visit. Lloyd filed for custody of both children April 11. On April 13 the Landrums and the Wheeler boys moved to Wyoming. Joane was unable to control Shaun and sent him to his father after a few days in Wyoming. Joane stipulated custody of Shaun should be given to Lloyd, and the court issued a stipulated order for a probation study “for the purpose of informing the court regarding modification” of Kevin’s custody. Lloyd wrongfully took Kevin from Wyoming the end of May. The study, under Civil Code section 4602 which provides a probation officer shall investigate custody and file a report which “may be considered by the…