wife filed a petition for the custody of "X" in the juvenile court, wherein she alleged that the husband had physically abused or molested "X." The juvenile case was investigated by the police department and by the Department of Pensions and Security. The wife feared that the husband would harm or molest Heather, the biological daughter of the parties. The wife was awarded physical custody of "X" by the juvenile court, but "X" has since returned to her natural mother. In his testimony, the husband admitted that he was served with a copy of the wife's juvenile court petition for "X's" custody and that he was aware of the juvenile court hearing date, but he chose not to appear in court. No proof of abuse, neglect or molestationwas made in these divorce proceedings, nor was any evidence presented in the divorce case that such charges had been proven in the prior juvenile court proceedings.
The wife did not allow the husband to see and visit with Heather outside of the wife's presence after the parties separated on April 2, 1984.
The husband testified that he loved Heather and wanted to have reasonable visitation privileges with her, that he had never harmed or molested her in any way and would never do so, and that his wife's fears were unjustified.
Where a child visitation order is made after an ore tenus hearing before the trial court, the judgment is presumed on appeal to be factually correct and will only be set aside or altered if it was so unsupported