Fowler v. Sowers

OPINION

COMBS, Chief Judge.

Richard Steven Fowler appeals an order of the Christian Family Court of January 20, 2004. He argues that the family court erred in dismissing his motion to modify joint custody of the parties’ child without first granting an evidentiary hearing. Having reviewed the record and the applicable statute, KRS 1 403.340, we agree that a hearing was warranted under the circumstances set forth in Richard’s pleadings. Therefore, we vacate the order of dismissal and remand for such a hearing.

Richard and the appellee, Tara Renee Sowers, were married in 1999; their marriage was…