Document Type

Case Summary

Publication Date

8-22-2022

Case Synopsis

This case concerns whether the district court properly denied a motion to modify custody of a minor under Rooney. Since that decision in the early 1990’s, attorneys and district court judges have been unclear on what sources and allegations can be considered in determining a potentially meritorious claim. Caleb Haskins and Lisa Myers, parents of S.H., disputed whether a district court must consider alleged facts or offers of proof by the nonmovant. The Court of Appeals held that a district court must generally only consider properly alleged facts in the movant’s verified pleadings, affidavits, or declarations in determining if the movant has demonstrated a prima facie case for modification of child custody. However, the Court also announced an exception whereby the district court may consider a nonmovant’s evidentiary support when it “conclusively establishes” the falsity of the movant’s allegations. Thus, a district court cannot deny an evidentiary hearing once a prima facie case has been made based upon the movant’s filings unless the allegations are disproven by the nonmovant. If a hearing is denied, district courts must adequately justify the denial of a motion to modify child custody absent an evidentiary hearing. The form of the evidentiary hearing remains within the district court’s discretion.

Download

Included in

Law Commons

Share

COinS