Deivert v. Oseira

OPINION

Before RABINOWITZ, C. J., CONNOR, BURKE and MATTHEWS, JJ., and BRYNER, C. J., of the Court of Appeals. BURKE, Justice.

May a trial court deny a motion to modify a child custody order without considering the grounds on which it is made and without holding a hearing? We conclude here that the court must consider the motion, but need not hold a hearing if it finds that proof of the grounds asserted for a change would not justify that action.

Appellee Pauline Deivert Oseira obtained a default divorce in 1973 from her then husband, Richard Deivert. She was given custody of the two daughters…