Vaughn v. Davis

Summary

The Georgia Supreme Court held that, absent express notice to the parties, a trial court may not rely on evidence presented at a temporary hearing when making a final custody determination. Because the trial court relied on such evidence without advance notice, the court reversed the final custody order and remanded for further proceedings.

Holdings

1. Absent express notice to the parties, it is error for a trial court to rely on evidence from a temporary hearing when making its final custody determination.

Questions Presented

1. Whether a trial court may rely on evidence presented at a temporary custody hearing in making a final custody determination without expressly notifying the parties in advance.

Disposition

reversed_and_remanded