Dolson v. Mitts

Summary

The court reversed a Family Court order granting the mother sole legal custody for the limited purpose of obtaining the parties’ child’s passport. It held that the father was denied due process when Family Court refused to adjourn the proceeding so he could obtain counsel, and remitted the matter for further proceedings. The court also held that the appeal was not moot because the parties’ rights concerning possession and use of the passport remained affected.

Holdings

1. Family Court violated the father's fundamental right to counsel by refusing to adjourn the custody proceeding after he requested an attorney and then granting the mother's petition without affording him counsel.
2. The appeal was not moot because the parties' rights remained affected by the appellate determination concerning possession and control of the child's passport.

Questions Presented

1. Whether Family Court violated the father's right to counsel and due process by refusing to adjourn the custody proceeding after he requested an attorney and then granting the mother's petition without counsel.
2. Whether the appeal became moot after the child was issued a passport and used it for foreign travel.

Disposition

reversed_and_remanded