Choplosky v. Choplosky

KELLY, Judge:

In this appeal, we are called upon to determine whether a trial court may act to permanently modify a custody order without having before it a formal petition to modify filed by one of the parties. We find that it cannot and vacate.

The relevant facts and procedural history of this case may be summarized as follows. On April 11, 1984, Mr. and Mrs. Choplosky were divorced. Pursuant to the divorce, the parties agreed by a provision incorporated into the divorce decree to share both legal and physical custody of their three children.

Subsequently, the court entered an order directing…