In Re the Marriage of Helm

ALLBEE, Justice.

This is a child custody dispute between the mother of Kurt Gilbert Helm and his paternal grandparents. Trial court denied the mother’s application to modify the custody provisions of a dissolution decree, hold ing that it lacked subject matter jurisdiction.

Peggy Jean Helm, applicant and appellant, and Leonard Gil Helm were married on July 19, 1968. Kurt and a second child, Cheriece Marie Helm, were born to this marriage. A dissolution was sought and obtained on January 10, 1972. The decree gave custody of Cheriece to her mother, Peggy, and placed Kurt in the custody of his…