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Langendorfer v. Spearman

The court may not permanently modify a custody order without having a petition for modification before it; thus, because a modification petition was not before the court at the time of the hearing on the mother's contempt petition and because the father did not have notice that custody would be an issue, the court committed a clear abuse of discretion in ordering a change in custody.

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� 1 Caro Spearman (Father) appeals from two orders of the Court of Common Pleas of Philadelphia County that granted Tammy Langendorfer’s (Mother) petition for contempt and ordered a change in legal and primary physical custody of the parties’ child from Father to Mother. *fn1 We vacate the orders and reinstate the May 5, 1998 final custody order.

� 2 The parties are the parents of Sidney Patrick Spearman, born December 19, 1988. Father, who resides in Philadelphia, Pennsylvania, and Mother, who lives in Alaska, are not and have never been married.

The initial custody litigation began in 1993. The court issued a number of custody orders over the years, namely, in 1994 when Mother was awarded primary physical custody*fn2 and then again in 1998 when Father was awarded primary physical custody.

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