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Longe v. Fleming

The Court vacated the attorneys' fees award and remanded the issue for an explanation of the trial court's statutory basis for the award and any findings necessary to support it.

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Wayne Longe, pro se, appeals from the order of the trial court enforcing a settlement agreement and parenting plan between Longe and Linda Fleming, the mother of his minor child. Upon review, we affirm the order of the trial court in part, but, upon finding that the award of the superior court was silent as to the basis upon which attorney fees were awarded and upon inadequate findings, we vacate the award of attorney fees to Fleming and remand for further proceedings.

On August 13, 2009, Longe filed a petition for legitimation of the parties’ then less-than-one-month-old infant, which was granted on August 23, 2010. After a hearing on the petition, the trial court awarded sole legal and physical custody to Fleming, and Longe waived visitation with the child. Fleming was also awarded $400.00 in monthly child support. On September 16, 2010, Longe filed a petition for modification of custody and visitation in which he asserted that he had misunderstood the rights he waived in the final order and requested that he be awarded joint legal custody, visitation, and other relief.

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