A.W.P. v. Department of Children & Family Services
A.W.P. v. Department of Children & Family Services
Opinion of the Court
The Department of Children and Family Services concedes A.W.P., Sr.’s argument that his due process rights were violated when the circuit court modified his visitation with his child from unsupervised to supervised without giving him reasonable notice of the hearing on the matter. The Department asks that we remand for a properly noticed evidentiary hearing on its motion to modify the visitation, at which A.W.P., Sr. may present evidence on his behalf. However, A.W.P., Sr. also contends that the court should have denied the Department’s motion on its merits because the Department failed to adduce sufficient evidence to support the modification. We agree, and for this reason we simply reverse the order.
A party seeking to modify a visitation order in a dependency proceeding must meet the same burden that is applicable to modifications in domestic relations cases, that is, the party must prove that there
Reversed.
Reference
- Full Case Name
- In the Interest of A.W.P., Jr., a Child. A.W.P., Sr. v. Department of Children and Family Services
- Cited By
- 5 cases
- Status
- Published