Diggs v. Diggs

Quillian, Chief Judge.

This is an appeal by the mother from an award of the parties’ minor children to the father. We granted an application for discretionary review in order to consider the principal issue as to whether the trial judge properly utilized a psychological evaluation of the parents and a summary prepared by the Department of Family and Children’s Services in order to determine custody, while denying the mother access to this information. Held:

On similar facts, the Supreme Court has pronounced the legal maxim: “ ‘... It is error... for the issue of child custody to be decided on…