Garr v. Peters

� 1 In this appeal, we must determine whether the trial court erred: when it heard the motion for custody modification of Appellee, Michael A. Peters (“Father”), absent a demonstration of changed circumstances; when it transformed a custody hearing into a contempt hearing thereby preventing Appellant, Jeanette Garr (“Mother”), from presenting her case as to the modification of custody; when it found Mother in contempt of the August 20, 1999 interim custody order; and when it abrogated Mother’s right to due process by refusing to allow one of Mother’s witnesses to testify. We hold that the trial court properly heard argument on Father’s motion for modification absent a showing of changed circumstances. We also hold that Mother had ample time to present her case with regard to Father’s motion. In addition, we hold that the evidence was sufficient to support the trial court’s decision to grant Father’s petition for contempt. Further, we hold that as Mother had adequate notice and an opportunity to be heard and defend herself, the trial court did not violate Mother’s due process rights. Accordingly, we affirm.

� 2 The relevant facts and procedural history of this case are as follows. The parties were married in 1986. They are the parents of two male children: P.M.P., born October 16, 1989, and K.L.P., born August 8, 1991. On July 16, 1992, Mother filed a petition under the Protection from Abuse Act and the parties separated. On July 27, 1992, Father filed for divorce in Allegheny County. Mother filed an answer on August 18, 1992, in which she included a claim for child support, spousal support, and alimony pendente lite. On September 10, 1992, the parties agreed to an order granting Mother primary physical custody of the children and Father partial custody in the nature of visitation. In 1994, a custody trial was held. As a result, on December 9, 1994, the Allegheny County court awarded Mother primary physical and legal custody, and partial physical custody with expanded visitation to Father. Father appealed this order. On April 16, 1997, this Court affirmed the trial court’s order. See Peters v. Garr, 698 A.2d 677 (Pa.Super. 1997) (unpublished memorandum).