Tucker v. Tucker

This is an appeal from an order entered on September 24, 1985, in the Circuit Court of Barbour County, dismissing, without a hearing, the appellant’s petition to modify a child custody decree.

I

Alvin T. Tucker, the appellant, and Paula D. Tucker, the appellee, were granted a divorce on June 7, 1984, on the ground of irreconcilable differences. An agreement between the parties, pursuant to which the appellee was given custody of the couple’s minor child, was incorporated into the divorce decree.- The agreement also contained provisions for visitation by the appellant. The appellant subsequently…