Supreme Court of Pennsylvania December 28, 1990, 1684 (Choplosky v. Choplosky)

KELLY, Judge:

In this appeal, we are called upon to determine whether a trial court may act to permanently modify a custody order without having before it a formal petition to modify filed by one of the parties. We find that it cannot and vacate.

The relevant facts and procedural history of this case may be summarized as follows. On April 11, 1984, Mr. and Mrs. Choplosky were divorced.