Walker v. Walker

FABE, Justice.

I. INTRODUCTION

This appeal presents the question whether the superior court may grant an opposed motion to modify custody without first conducting an evidentiary hearing. Bethany Ann and Dwayne Walker had two children during their marriage. Although Bethany insisted in an affidavit to the court that her agreement to allow their children to live with Dwayne was intended for the school year only, the trial court granted Dwayne’s motion for permanent custody without resolving this factual dispute. Because Bethany was not given a full opportunity to be heard on the motion, we…