Dahlke v. Dahlke

After Mother and Father divorced in 2010, the parties shared custody of their minor children. Father later petitioned for custody modification, alleging that there had been a “material change in circumstances” since the entry of the original custody order, chief among them being Mother’s arrest for conspiracy to commit larceny by bailee. Mother counterclaimed, also alleging that a material change in circumstances had occurred in part because of Father’s changed living situation. Both parties sought primary custody. The district court ruled that there had been a material change in circumstances warranting reopening the custody determination and awarded primary custody of the children to Mother. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in finding that a material change in circumstances existed that warranted the reopening of the existing custody order; and (2) the district court did not abuse its discretion in finding that it was in the best interests of the children for Mother to have primary custody. View "Dahlke v. Dahlke" on Justia Law