Shelly Bailey v. Lance Bailey

OPINION

BARNES, Judge.

Case Summary

Shelly Bailey (“Mother”) appeals the trial court’s modification of physical custody of her children in favor of Lance Bailey (“Father”). We reverse and remand.

Issue

The sole issue we address is whether the trial court erred in modifying custody when neither party requested a modification of custody.

Facts

Mother and Father have two children from their marriage, born in 2007 and 2009. The marriage was dissolved in March 2010. In the final dissolution decree, Mother and Father were granted joint legal custody of the children. Mother was granted primary physical…