dissenting.
I dissent from that portion of the majority opinion which remands this case to the trial court with directions to award these parties joint custody of their son, Jeffrey. I believe that the majority has effectively deprived the trial court of the discretion with which it is vested by KRS 403.270.
I repeat here what I said in my dissent in Squires v. Squires, Ky.App., 1992 WL 57099 (decided March 27, 1992):
In considering a joint custody arrangement, it is imperative that the court determine whether the parties possess the maturity necessary to suppress their enmity toward one another when addressing issues affecting their child. Without an atmosphere allowing a cooperative exchange of ideas, the parties will tend to inflict their personal animosities on the child. The detrimental and de-stabilizing effect of a joint custodial arrangement between uncooperative parents is apparent.
The trial court must necessarily examine all relevant factors before making a determination that joint custody serves the best interests of the child. Cooperation of the parties and logistical feasibility are only two factors to be considered in arriving at the appropriate custodial arrangement. The court must also consider the factors contained in KRS 403.2701.
I agree that:
Since questions involving custody of children ... are always open to modification in the trial court, we are reluctant to modify a decision of a chancellor in such matters except where his determinations impress us with being obviously unjust and erroneous.
Heltsley v. Heltsley, Ky., 242 S.W.2d 973, 974 (1951).
The trial court has broad discretion in determining the best interests of the child in custody matters. CR 52.01 requires that findings of fact not be set aside unless clearly erroneous inasmuch as the trial judge has had the opportunity to evaluate the evidence firsthand and assess the creditability of the witnesses. McNamee v. McNamee, Ky., 432 S.W.2d 816 (1968).
Because I believe that the trial judge’s decision as to custody is amply supported by the evidence of record and does not, therefore, represent an abuse of discretion, I would affirm the decree from which this appeal is prosecuted in its entirety.
. KRS 403.270 provides:
(1) The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent. The court shall consider all relevant factors including:
(a) The wishes of the child’s parent or parents as to his custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests;
(d) The child’s adjustment to his home, school, and community; and
(e) The mental and physical health of all individuals involved.
(2) The court shall not consider conduct of a proposed custodian that does not affect his relationship to the child. The abandonment of the family residence by a custodial party shall not be considered where said party was physically harmed or was seriously threatened with physical harm by his or her spouse, when such harm or threat of harm was causally related to the abandonment.