Van Etta v. Van Etta

STATEMENT OF THE CASE

RATLIFF, Chief Judge.

Cara J. Van Etta appeals the modification of child custody. We reverse and remand.

ISSUE

We find one issue dispositive: Did the court err in modifying custody subsequent to receipt of a home study report without further hearing?

FACTS

When Cara and James were divorced on December 10, 1987, the parties were granted joint custody and Cara had physical custody of their three children. On March 30, 1990, James filed a petition to modify custody, alleging that the children were being physically and mentally abused by Cara.

*768At the conclusion of the hearing, the…