Durden v. Barron

Shulman, Judge.

Plaintiff brought suit in juvenile court to regain custody of her natural child, alleging a change of condition. Custody of the child had previously been awarded to defendants, the paternal grandparents of the minor child.

Plaintiff appeals the juvenile court’s refusal to conduct an evidentiary hearing on plaintiffs claim of a change of condition, which refusal was premised on the court’s application of the doctrine of res judicata. We reverse.

The facts show that the present action was brought on the same day that the Supreme Court’s judgment affirming the superior court’s award…