Darner v. District Court In & For Montrose County, Seventh Judicial District

ERICKSON, Chief Justice.

This is an original proceeding by the petitioner, Linda C. Darner, to require the respondent, Montrose County District Court, to vacate an order modifying the custody of her son, Chad Darner, from the petitioner to Kirt I. Darner, respondent.1 We issued a rule to show cause and make the rule absolute and remand for further proceedings consistent with this opinion.

I

The marriage of petitioner and respondent was dissolved by the Montrose County District Court on December 6, 1979. The decree granted custody of the couple’s two children to petitioner.

On August 27, 1981, the…