Mullin v. Phelps

In this appeal, we review a family court order that transfers custody of the parties’ two children from plaintiff father to defendant mother and that completely cuts off all contact between the father and his sons unless he acknowledges abusing them. The basis of the order is the court’s conclusion that a preponderance of the hotly disputed evidence presented by the warring parties indicated that the father sexually abused the younger boy. We conclude that the court did not abuse its discretion in transferring custody of the children to the mother, but that due process precluded the court…