Benjamin S. v. Teddy S.

This appeal concerns the trial court’s order of January 14, 1983, modifying custody and visitation respecting the minor children of appellant Teddy S. (wife) and respondent Benjamin S. (husband). The challenged order modified the previously entered interlocutory judgment and granted husband custody of both children. Because the trial court failed to issue a statement of decision as requested by wife, we remand.

Procedural and Factual Background

The parties were married in 1975 and separated on May 15, 1979. Two children, Christopher and Stephanie, were born of the marriage. In February 1981, wife and Daniel E. (Daniel) began living together in wife’s home.

After a contested hearing, the trial court entered an interlocutory judgment of dissolution of marriage on May 4, 1981. 2 The primary disputed issue concerned the custody of the minor children; each party sought sole custody of both children. Wife was awarded custody of Christopher, then age five; husband was awarded custody of Stephanie, then age three and one-half.

*742 A final judgment of dissolution was entered on July 10, 1981.

During the summer of 1981, both husband and the children’s grandmother, Herminia…