AC v. AC
Annotate this CaseMother and Father, who were never married, were the biological parents of two minor children. Father sought custody of the children and sought to exclude Mother from visitation. The family court decided to consider the parties’ competing custody petitions in a trial for which it set a three hour limit. During the trial, which lasted approximately three hours, Father was able to present his evidence, but Mother’s evidence was cut short despite her motion for additional time. The family court awarded sole legal and physical custody to Father. The Supreme Court vacated the family court’s order, holding that the family court abused its discretion in denying Mother’s motion for additional trial time, as the family court’s strict enforcement of the time limit unduly curtailed Mother’s ability to present evidence relevant to the proper determination of the children’s best interests. Remanded.
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