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Home / Opinion Digests / Domestic Relations – Child Custody – Change – Prima Facie Case – Father's Affidavit (access required)

Domestic Relations – Child Custody – Change – Prima Facie Case – Father's Affidavit (access required)

Where the trial court ruled that the father's affidavit attesting to the circumstances allegedly warranting a change in custody established a prima facie case for change, this was clear error and the trial court's order awarding a change in custody is vacated. Generally, mere affidavits, taken without authority, in the absence of the other party and ...