Hill v. Hill

Foth, C J.:

This is an appeal by Linda Hill from a post-divorce change-of-custody order in favor of her former husband, Grover Hill. The issue is whether the trial court is empowered to make such an order in the absence of a change of circumstances since the time of the divorce.

The parties were married May 10, 1974, and are the natural parents of a son, Brian, born September 18, 1975. On November 28, 1978, Grover filed a petition for divorce along with Linda’s entry of appearance and voluntary waiver of service and notice of hearing. In the petition he alleged that Linda was a proper person to…