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Duncan v. Mughelli

The trial court did not improperly modify the terms of a custody order by requiring the appointment of a parenting coordinator and ordering certain language regarding visitation stricken from the arbitration award incorporated into the final judgment.

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In this child visitation action, Taira Duncan and Ovie Mughelli filed cross-motions for contempt of a final judgment following a guardian ad litem’s arbitration award involving their minor daughter. The trial court issued an order on the motions that, among other things, required the appointment of a parenting coordinator and ordered all forfeiture language stricken from the arbitration award. Duncan appeals, contending that the trial court was without authority to modify the terms of a custody order in a contempt proceeding. For the following reasons, we affirm.

The relevant facts here are as follows. The child, O. M., was born on February 28, 2009. The mother, Duncan, filed a complaint to establish paternity and child support. Duncan and Mughelli subsequently entered into a consent order on December 23, 2009, in which Mughelli was declared to be O. M.’s legitimate father. The parties were awarded joint legal custody, Duncan was awarded primary physical custody, and the parties agreed to the terms of child support and visitation.

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