Marriage of Buono CA4/2
Salvatore A. Buono (Husband) appeals from the order denying his Request for Order to modify child custody and visitation. He contends the trial court (1) erred in applying the significant change in circumstances standard of proof to the request to modify visitation; (2) erred in finding that modification of an interim custodial order required a showing of a change of circumstances; and (3) abused its discretion in finding there was no change in circumstances. We agree with Husband’s first contention; however, the record demonstrates there was confusion as to what Husband sought to modify, i.e., just visitation, or visitation and child custody. Given this confusion, we must reverse the order and remand the matter for clarification and further consideration of Husband’s request consistent with the principles explained in this opinion.
Comments on Marriage of Buono CA4/2