Matter of Marriage of McDaniel

Father appeals from a default order modifying a dissolution decree by which the trial court changed custody of two children from father to mother. Father moved to set aside the order on the ground that, due to defective service, the court failed to acquire jurisdiction over him. We reverse.

The parties’ marriage was dissolved in April, 1978, and father was awarded custody of the two older children. In July, 1979, mother petitioned for a change of custody. Later she moved to have the petition for modification served on father by publication, alleging that she was unable to find father after a…