This article analyzes an important custody decision handed down by the Court of Appeals on June 9, 2016. While the court declined to adopt what it called a “one size fits all” rule, it cautioned the lower courts that there are only limited circumstances under which a court may make determinations regarding child custody without first conducting full and plenary hearings. And in such limited circumstances, if any, articulate, articulate, articulate.

In S.L. v. J.R.,1 the Court of Appeals gave renewed force to its longstanding policy that, as it had stated in Obey v. Degling,2 “[g]enerally a determination of [custody] should be made only after a full and plenary hearing and inquiry.”3 That policy, the court explained in S.L v. J.R., “furthers the substantial interest shared by the state, the children and the parents, in ensuring that custody proceedings generate a just and enduring result that, above all else, serves the best interests of a child.”4 The court gave no indication that it intended to alter the longstanding policy of the courts that a party who seeks modification of an existing custody order is not entitled to a hearing unless he or she has made an “evidentiary showing” that there has been a change in circumstances since the time of the previous custody order that would warrant modification of the existing order.5

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]