This section contains the nature of the case and procedural background.

H and W were married and had one son in 1994. In May 1996, H told W that he wanted a divorce and H went to live with another coworker and her children. W stayed with their child and lived in the marital home. Both parties worked full time. Prior to the separation, both shared in the upbringing of their son. Almost immediately after H moved out, W began to impede H's contact with the child forcing H to file numerous petitions to establish a temporary visitation schedule. W then filed petitions saying that H had sexually abused the child; these petitions further disrupted H's contact with the child. None of the abuse allegations were substantiated, and all of W's petitions were ultimately dismissed. The court chastised W in strong language and found that W's influence over the boy had greatly impacted the boy's relationship with his father. However, in spite of this conduct on the part of W, the court still gave custody of the child to W because W had sought counseling to overcome her emotional problems and to repair the damage that she inflicted on her son. H appealed this decision as a patent abuse of discretion.

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