Eric H. v. Ashley H.

The Supreme Court affirmed in part and reversed in part the district court's denial of Father's motion to modify custody of a minor child after the child reported that her stepfather was sexually abusing her, holding that the court made an error law in finding that there was no competent evidence of sexual abuse by the stepfather.The district court ultimately concluded that Father had failed to prove by a preponderance of the evidence that the stepfather had sexually abused the minor child. The Supreme Court reversed in part, holding that the district court (1) applied the correct standard of proof; (2) did not abuse its discretion in its determination of the scope and meaning of Father's complaint; but (3) abused its discretion when it failed to grant Father's motion to modify the custody decree because the record clearly showed there was competent evidence adduced that, if believed, tended to establish that the child was sexually abused by her stepfather. View "Eric H. v. Ashley H." on Justia Law