Loyd
Loyd v. Loyd
Opinion
lead Opinion
Levy, J.
*756 Opinion
Appellant, Bryan Loyd (Bryan 1 ), appeals the trial court’s order modifying the custody arrangement of his two children. After the proper motions were filed, the trial court modified the prior physical custody order and awarded primary physical custody to Shannan Loyd (Shannan). We find the trial court based its decision on an improper consideration, reverse the order, and remand the matter to the trial court for a new hearing.
Background
Bryan and Shannan were married and had two children, H.L., now age five, and T.L., now age four. On July 11, 2000, after four years of marriage, Bryan filed a petition for dissolution of marriage. According to Bryan he filed for dissolution due to Shannan’s drinking problem. He claimed that after the birth of their youngest child, Shannan became depressed and began taking medication and drinking heavily. Shannan entered a rehabilitation program and remained there for a period of five and one-half months. Bryan began the dissolution proceedings while Shannan was attending the rehabilitation program. Simultaneous to the filing of the petition, Bryan also filed an order to show cause for child custody.