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Walker v. Walker

The trial court's order restraining the mother and father from calling each other's residence was incompatible with the mother's visitation rights.

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Seeking a change of custody with respect to his two minor children, William D. Walker filed a pro se petition for the trial court to grant him physical custody of the children, terminate the physical custody rights previously awarded to the children’s mother, Sara N. Walker, in a prior divorce decree, and award him appropriate child support. Based on a showing that the children, both of whom had reached the age of 14 years, had exercised their rights to select their father as the parent with whom they desired to live, the trial court entered a judgment which gave physical custody of the children to the father and joint legal custody to the mother and father; granted specific visitation rights to the mother, and ordered that the mother pay specified child support. The judgment also included a restraining order restricting contact between the father and mother.

We granted Mr. Walker’s pro se application for discretionary review of the trial court’s judgment. For the reasons which follow, we affirm parts of the judgment, reverse others, and remand the case to the trial court for further consideration.

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