Victoria Gillespie v. David Gillespie

Custody: modification: admissibility of psychological report

CSA Nos. 0960, Sept. Term 2011, and 2153, Sept. Term 2011. Reported opinion by Berger, J. Filed June 29, 2012. RecordFax #12-0629-03, 36 pages. Appeal from Frederick County.

The extreme worsening of symptoms of a parent’s pre-existing mental illness constituted a material change of circumstances that supported a modification of custody; and, in making that decision, the court was entitled to admit into evidence a psychological report that contained otherwise inadmissible hearsay in order to evaluate the opinion of an expert witness who had relied on the report.

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