(dissenting).
I respectfully dissent. I agree with the trial court that the interest of the children will best be served by placing their custody with Patricia.
The majority recognizes Mark’s assaul-tive behavior and expresses its concern as to Patricia’s safety and the effect his conduct has on the children.
The trial court had the opportunity to view and hear the various witnesses who were called to testify. It tipped the scales in Patricia’s favor. I would do likewise.
The record before us reveals a number of instances of abuse on Mark’s part towards his wife. For instance, on cross-examination, Patricia testified:
BY MR. RUTHERFORD [Mark’s attorney]:
Q. You did file an affidavit in this matter in August of 1989 in which you indicated that Mark assaulted, pushed, and harassed; is that correct? A. Please tell me some more.
Q. You signed it and you said he’s been guilty of assaulting, pushing, harassing, and otherwise harming and insulting me. A. Yes. That’s true.
Q. Tell me how it was that he hit; with his fists: What did he do? A. What it was I went, took the kids to the motel because I’ve had — Mark basically pushes. So, I took the kids out to his father’s motel and he came and knocked the door down. And so then different times in the household he pushed me. He leaves bruises on me. He chokes me. He will sit across from me and slap me. And I keep trying to go back to be prevented from hitting. He has hit me in the back of the head. He gave me a concussion when we were first married.
Q. Were you hospitalized for that? A. No, sir.
Q. Did you seek medical attention for that? A. Yes, I did.
Q. And who is your doctor? A. Dr. Swanson.
Q. And did you ever make any report of that? A. No, sir. I was too young. I didn’t know anything about doing that.
* * * * * *
Q. Any of the kids been present for these? A. Yes.
Q. First bruise that you’ve had? A. Yes.
Q. And you’re saying that he has caused or raised marks on you? A. Yes.
Q. Bruised you? A. Yes.
Q. And you have sought medical attention for this? A. Yes.
Q. Also sought counseling for this; did you not? A. Yes.
Q. Tell me whether or not he has ever abused the children? A. Yes, he has.
Q. Tell me in what regard this has happened. A. Slapping, kicking, yelling, and screaming at them.
I would affirm.