The opinion
Ernie E. Wright, Chief Judge, dissenting. I respectfully dissent from the decision of the three judges of the Court which affirms, with slight modification, the judgment of the trial court removing custody of Keith Perkins, age six years, from his maternal grandmother, Charlene Diggs. The child had been in Mrs. Diggs’ custody since May 10, 1976 as provided by the divorce decree, and the child’s mother, Donna Lee Perkins, resided in the home with her mother and child. The evidence was undisputed that Mrs. Diggs was a stable and wholesome person who provided a good home for the child.
The record does not, in my view, reflect changes in circumstances since the prior decree that indicate a change in custody to the father would serve the best interest of the son.
I would reverse the decree, leave the custody undisturbed and award extended summer visitation with the father.