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McCall v. McCall

Because the mother had sole legal custody of the children by virtue of her divorce decree, the trial court improperly modified custody during a contempt proceeding initiated by the father when the trial court grant the father equal rights to consult with the children's teachers and doctors.

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We granted Deborah McCall’s application for discretionary appeal to determine whether the trial court exceeded its authority by entering an order within the context of a contempt proceeding which had the effect of modifying custody. We find that it did and reverse.

Deborah McCall and Nathan McCall divorced in 1989. Under the terms of the final judgment and decree, Deborah McCall obtained sole custody of the couple’s two minor children and Nathan McCall, as the non-custodial parent, had visitation rights on alternate weekends. After Nathan McCall relocated to the Washington D. C. area, and obtained a lucrative book contract, Deborah McCall filed a complaint for modification of child support. In December 1992, a jury found in her favor. Nathan McCall was thereafter ordered to make increased monthly child support payments and to provide health insurance. Nathan McCall was granted summer visitation rights for six weeks conditioned on providing two weeks prior written notice.

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