(1.) THE petitioner who is the mother of the minor child Ricardo, has challenged the order dated 15. 11. 2008 taking custody of the child from her and handing it over to the respondent, who is the father of the minor child. The main contention of the father, who applied for custody, was that the mother was keeping late hours in her professional work and lived with a partner who had a child from his previous marriage.
(2.) THE child is 10 years old. He has been interviewed by the Court. He was demonstrated a fair amount of intelligence, understand and maturity. He has accepted the relationship and the present position of both his parents. This is not one case in which the child has suffered any trauma at the hands of either parent. He deserves to have the care, attention, upbringing and affection from both parents, who are also interviewed by the Court, and who appear to be educated, cultured and understanding persons.
(3.) BOTH parties have agreed upon certain terms with regard to the custody of the child. The terms are reasonable and may be allowed. They are set out herein below: out of the wedlock, the petitioner and the respondent had one child named Ricardo and the petitioner and the respondent shall have custody of the child as follows: