Edith A., N/k/a Edith W., Appellant v. Jonah A., Appellee.

Summary

The court affirmed the denial of declaratory relief because the parties agreed that mediation was not a prerequisite to the custody-modification motion, leaving no actual controversy. It reversed the denial of modification without an evidentiary hearing because the mother's allegations, taken as true, made a prima facie showing of serious parental noncooperation concerning counseling, schooling, and medical care that could affect the child's well-being. The case was remanded for further proceedings on the modification motion.