Wilson v. MyersAnnotate this Case
Upon the divorce of Mother and Father, Father was awarded physical custody of the parties' two children. Five years later, Mother filed a motion to modify actual physical custody of both children. Without an evidentiary hearing, the trial court summarily granted Mother's motion to modify custody and awarded custody of the two children to Mother. On appeal, Father argued that the trial court erred in modifying the prior custody order without an evidentiary hearing and without issuing findings regarding the best interest of the children. The Supreme Court vacated the trial court's order, holding that, under the facts and circumstances of this case, the trial court's summary resolution, without a hearing where witnesses could be sworn and testimony heard and without the consent of the parties, was an abuse of discretion. Remanded.