Randy Smith v. Linda K. Jacobson Smith

CROCKETT, Justice: Plaintiff, Randy Smith, appeals from an order in proceedings supplemental to a divorce in which the trial
court took custody of the couple's two children, now aged 8 and 3, from him and awarded custody to his former wife, Linda
K. Jacobson Smith (now Moore). Plaintiff contends (1) that there was not a sufficient showing of a change of circumstances to warrant modifying the decree;
(2) that defendant has no absolute right to custody of minor children under ten years of age and (3) that the modification
of the recently entered divorce decree by a Judge of concurrent jurisdiction is an improper usurpation of appellate jurisdiction.