Swan v. Swan

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The Supreme Court affirmed the district court’s final order granting primary custody of the parties’ children to Father but reversed the court’s contempt finding against Mother.Father filed a petition seeking to modify the custody, visitation, and child support provisions of his divorce decree. After an evidentiary hearing, the district court, on its own motion, entered a temporary custody modification order, which was, in effect, a trial coparenting plan that would become permanent unless either parent requested a new hearing to establish that it was unworkable. Father filed such a motion. The district court held a second evidentiary hearing and then entered a final order granting primary custody of the children to Father. The court then held Mother in contempt of court for violating certain terms of the initial temporary order. The Supreme Court affirmed in part and reversed in part, holding (1) although the district court abused its discretion when it entered the temporary custody order, the permanent custody modification was not an abuse of discretion; and (2) the district court abused its discretion when it held Mother in contempt of court and improperly factored Mother’s contempt into her contempt motion against Father. View "Swan v. Swan" on Justia Law