Sherrington v. Holmes, A10A1066

*All courts mentioned are at the state level.

• General prayer for relief in Petition should put respondent on notice of issues to be presented at upcoming hearing, such as a request to determine custody.
• Failing to file an answer to a petition can serve to waive any defense to the original claim but will not waive the right to respond to a subsequent request not included in the petition.
• Respondents need reasonable opportunity to respond to new prayers for relief.
• Inadequate notice to respondent of issues in custody hearing can impede court’s ability to give proper consideration to issues impacting determination of child’s best interest.
• Despite a lack of transcript and appellant’s burden to show error from the record below, the Court determined that the trial court had abused its discretion.