Smith v. Smith

OPINION

GREENWOOD, Judge:

Appellant Scott G. Smith appeals the trial court’s dismissal of his petition to modify a decree of divorce. We reverse and remand.

Scott and Patricia G. Smith were divorced April 13, 1981, pursuant to a decree of divorce. Scott was not present at the hearing, but filed a consent and waiver for entry of judgment. The decree granted custody of the parties’ minor child, Jesse, to Patricia and granted Scott reasonable visitation rights. On August 21, 1981, pursuant to a motion by Scott for an order to show cause, the court entered an order which specifically defined Scott’s…