Melissa Rodgersv.Bryan Rodgers
After a divorce trial involving four children, the trial court awarded custody to Bryan Rodgers and made rulings concerning visitation, child support, and the marital home. Melissa Rodgers appealed, arguing that the custody decision rested in part on facts outside the record. The Court of Appeals agreed that the trial court had relied on unsupported findings, including assertions about Melissa’s relationship and her plans to return from North Dakota. In a custody case, factual findings affecting the best-interests determination must be supported by competent evidence in the record. The appellate court therefore vacated the final order and remanded for findings based on admissible record evidence. It also directed the trial court to clarify its ruling concerning the marital home and address any remaining contested issues. Because the order was vacated on that ground, the court did not decide whether other evidence might independently have supported the custody result.
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