S-18-0253 Eric Hongsermeier (Appellant) v. Ashley Hongsermeier, n/k/a Ashley Eckard
Hall County, Judge John Marsh
Attorneys: Samuel O’Neill (Svehla Law Offices, P.C., L.L.O.)(Appellant) – Stephen Knudsen (Grafton Law Office)
Civil: Custody modification
Proceedings Below: The district court dismissed Appellant’s motion for modification.
Issues Presented: The district court erred in 1) finding Appellant had to prove by a preponderance of the evidence that the stepfather sexually abused the minor child, 2) failing to grant Appellant’s complaint to modify requesting placement of the child, and 3) finding the pleadings did not provide Appellee with notice reasonably calculated to inform her that custody would be changed on a basis other than the sexual abuse investigation and subsequent filing and dismissal of a juvenile petition.