Vinzant v. Elam

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

John VinZant challenges a child custody modification order and the motions which preceded its entry. We conclude that John’s rights of due process were violated by the lack of notice that his custody rights were at issue at the hearing that preceded entry of the modification order. We therefore vacate that order and remand.

II. FACTS AND PROCEEDINGS

John VinZant and Tammy Elam divorced in August 1995. The superior court adopted the parties’ agreement regarding custody of their three children; it granted joint legal custody to both parties, but gave…