In Bastian v. Bastian, 13 Ohio Op. 2d 267, 160 N.E.2d 133, 134 (Ohio Ct. App. 1959), the parties' 1952 divorce judgment incorporated their separation agreement, which gave the father custody of their child, but provided that the mother would get custody if she "obtains adequate and proper living quarters and is able to properly care for" the child. After remarrying, the mother moved for custody in 1958. The trial court "believed that it was bound by the agreement of the parties, and hence could not exercise any discretion in the matter of future custody." 160 N.E.2d at 136. The appellate court disagreed, observing: "The pole star in all custody matters between parents is, what is for the best interests of the child whose custody it is sought to change." Id. The court continued: "nothing that the parents do, in the matter of agreement for custody, can usurp the duty of the court to determine, as between the parents, that which is for the best interest of the children." Id. The court recognized, however, that the trial court's duty "is most frequently discharged by accepting as its order that to which the parties have agreed." Id.