Agati v. Agati

I agree with the majority’s decision to affirm the trial court’s order of October 4, 1983. However, my reasons for affirmance differ from those expressed by the majority. Contrary to the majority, I would hold that a showing of a substantial change in circumstances is not a prerequisite to a hearing on a petition to modify partial custody.

The scope of appellate review in partial custody matters is analogous to that in custody matters. The appellate court is bound by the trial court’s factual findings if supported by competent evidence of record. Commonwealth ex rel. Robinson v. Robinson, 505…