Stephen Mullin v. Rita (Mullin) Phelps

Summary

The court affirmed the transfer of custody to the mother because the family court acted within its discretion in finding a substantial change of circumstances based on sexual abuse, and its credibility findings were not clearly erroneous. It held, however, that completely terminating parent-child contact required clear and convincing evidence under due process, which was not satisfied, and that conditioning contact on the father admitting abuse violated his privilege against self-incrimination. The visitation restriction was reversed and remanded for reconsideration, while the fee award was affirmed. Allen, C.J., and Morse, J., concurring in part and dissenting in part, would have upheld the family court’s visitation order under the preponderance standard.