Mock v. Mock

[¶ 17] I, respectfully, dissent because Daniel has not established in his affidavit sufficient facts to support a change of custody entitling him to an evidentiary hearing.

[¶ 18] Even if taken as true, Daniel’s affidavit establishes only that the mother left the child with her sister for three days and that the sister has a son who has been convicted of child pornography, drugs, and theft. There are no allegations that the sister’s son was ever at the home during the three days the child was there or that the child was ever in contact with the son at any time. The trial court must fill in…