Perlman v. Perlman

FERGUSON, Judge.

An evidentiary hearing on a father’s petition for change of child custody was continued for the purpose of an investigation of the proposed new home of the custodial mother and minor children. The court stated that the hearing would resume upon receipt of the investigatory report. When the written report of the investigation was completed, the court considered it ex parte without another hearing, over the father’s objections, and denied the petition. That denial of a hearing is the main issue in this appeal.

When the trial court relies on investigative reports for the purpose…