sisters of Roger Criqui, "until the final signed documents arrive from the Court of Shawnee County, Topeka, Kansas." In this document, Teresa stated she did this with full knowledge of the consequences and with the realization it was in the best interests of the children. The document, which had been drafted by her attorney at that time, was acknowledged by a notary public. Apparently, Carolyn Criqui has had actual physical custody of the minor children since that time.
On December 19, 1985, the trial court entered an "Agreed Order Changing Custody" which had been prepared by Teresa's attorney. The order stated that, due to financial problems, the ability of Teresa to raise the children, and other related problems, it was in the best interests of the children that custodybe transferred to Carolyn and Brenda Criqui. The order then awarded custody of the minor children to Carolyn and Brenda. At the bottom of the order is a notarized "Verification" by Teresa in which she states the Agreed Order Changing Custody is true and correct and in the best interests of the minor children. Roger executed a similar "Verification," which is attached to the order.
On February 13, 1989, Teresa filed a motion to restore to her custody of her minor children. After a hearing, the trial court denied her motion, finding that an abrupt change in the custody of the minor children at that time would be harmful to the children. In reaching its decision, the trial court found the "best interests of the child" test was to