In re Marriage of Valliere

In this appeal, we are asked to review the propriety of an order entered by the circuit court which modified a child custody provision contained in a judgment of divorce. For reasons which follow, we affirm in part, vacate in part, and remand the cause with instructions.

The parties, respondent, A. James Valliere, and petitioner, Darlene Valliere, were married on November 4, 1984, and divorced on October 24, 1988. The couple have one child, Jonathan, who was born on November 21, 1985.

According to the marital settlement agreed to by the parties and made a part of the judgment of divorce, James…