Heath

In the biblical story of King Solomon, two women, each claiming to be the mother of a baby, asked for a decision. King Solomon threatened to split the child in half, ending its life but allowing each woman to have a piece of the child. The true parent revealed herself by saying no, placing the best interests of her child ahead of her own desire to raise the child. Although the children’s lawyer described the situation in this case as Solomonic, the court did what King Solomon never intended to do: he *447 split the family and ended the life together of two young brothers. That the court did so on a record devoid of any evidence that the result was in the best interests of either child requires reversal.

FACTUAL AND PROCEDURAL BACKGROUND

Monica and Russell Heath were married in 1995. Their children Michael and Samuel were bom in 1998 and 2000. In 2001, the parents separated; minor’s counsel was appointed jointly for both children in January 2002. The children remained with mother, and stipulated temporary orders concerning custody confirmed primary physical custody of both children to her, with visitation for father, in 2002.

After mother changed her county of…