Couey v. Couey

Kelly Couey (“the mother”) petitions this court for a writ of mandamus directing the Morgan Circuit Court (“the trial court”) to set aside an ex parte custody order that awarded pendente lite custody of the parties’ two children to Joshua Couey (“the father”). We grant the petition and issue the writ.

The materials attached to the mother’s petition reveal that the father and the mother were divorced by the trial court in February 2012. Pursuant to an agreement of the parties that was incorporated into the divorce judgment, the parties were awarded joint legal custody of their two children, and…