Hendricks v. Mortensen

OPINION

HOWARD, Presiding Judge.

This is a modification of custody case. The facts considered in the light most favorable to the party who was successful below are as follows. A decree of dissolution of marriage was entered January 16, 1985, nunc pro tunc to November 1, 1983. The parties were given joint custody of their minor child Derek, who was born on October 14, 1980. Under this arrangement Derek stayed with his mother five nights a week and with his father two nights a week.

On November 21, 1984, Linda, believing she had been divorced since 1983, filed a petition requesting an order…