David C. v. Tammy S. (Signed Opinion)
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The Supreme Court reversed the order of the circuit court that denied Petitioner's appeal of an order of the family court modifying an infant guardianship order to prohibit Petitioner from having any contact with his child, J.B., holding that Petitioner's due process rights were violated.
On appeal, Petitioner argued that the family court erred by failing to give him adequate notice or the opportunity to be heard at the final hearing in this matter. The Supreme Court agreed and reversed the circuit court's final order, holding that Petitioner was not afforded his due process rights as the father of J.B. when he was not afforded the opportunity to refute the family court's assumption that he was unfit to have contact with his child. The Court remanded this case for a full evidentiary hearing before the family court.
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