Frueh v. Frueh - Calendar

10:45am Monday, December 17, 2007
20070254 Darin G. Frueh, Plaintiff and Appellant
v.
Melissa A. Frueh, n/k/a
Melissa Hoheisel, Defendant and Appellee
Appeal from: South Central Judicial District, Sheridan County, Judge Robert O. Wefald
Nature of Action: Child Cust & Support (Div.\other)
Counsel:

Appellant: McIntee Law Firm
Appellee: Rebecca C. Graves

Issues: Appellant's Statement of the Issues:
1. Is it error for a trial court to deny an evidentiary hearing wherein:
a. The child who is almost 13 has requested the change of custody.
b. The child has alleged that the mother's new husband abused him.
c. The mother has remarried and the child and new husband are not compatible.
2. If the original custody arrangement was by stipulation of the parties, and the non-custodial parent moves to change custody, is the trial court, in deciding whether or not to grant an evidentiary hearing required to review the entire file and the facts about the parties when addressing the best interests of the child, or is the trial court limited to only those events that occurred since the divorce?
Appellee's Statement of the Issues:
1. Whether the trial court abused its discretion by denying an evidentiary hearing when it determined that the allegations of abuse by the moving party were sufficiently rebutted and lacked credibility.
2.Whether the trial court abused its discretion by denying an evidentiary hearing when the moving party failed to show that a twelve-year-old child's preference was reasonable.
3.Whether the remarriage of a custodial parent is enough to warrant an evidentiary hearing in a motion for change of custody.
4.Whether a trial court is obligated to review the entire file in a stipulated divorce and any new facts when determining whether or not to grant an evidentiary hearing in a motion for modification of custody.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 12/31/2007