Erdman v. Clements

EMBERTON, Judge:

This is an appeal from an order of the trial court denying a motion for a change in custody. On appeal, the single issue is whether the trial court erred, as a matter of law, in failing to grant a hearing. Reviewing the record below and applicable law, we reverse the trial court's ruling and remand for an evidentiary hearing.

On August 26, 1983, the parties executed a property settlement and custody agreement providing, inter alia, for the joint custody of their two infant children, a son 4 years old and a daughter 16 months old. The agreement further stated that the primary…