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DEIVERT v. OSEIRA

No. 4910.

628 P.2d 575 (1981)

Richard T. DEIVERT, Appellant, v. Pauline Deivert OSEIRA, Appellee.

Supreme Court of Alaska.

May 22, 1981.

Attorney(s) appearing for the Case

Teresa L. Foster, Cole & Downes, Fairbanks, for appellant.

Winston S. Burbank, Daniel Westerberg, Birch, Horton, Bittner, Monroe, Pestinger & Anderson, Fairbanks and Anchorage, for appellee.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and BRYNER, C.J., of the Court of Appeals.

OPINION

BURKE, Justice.

May a trial court deny a motion to modify a child custody order without considering the grounds on which it is made and without holding a hearing? We conclude here that the court must consider the motion, but need not hold a hearing if it finds that proof of the grounds asserted for a change would not justify that action.

Appellee Pauline Deivert Oseira obtained a default divorce in 1973 from her then husband, Richard Deivert...

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