Kappen v. Kappen
Annotate this CaseMother and Father were divorced in 2010. Mother was granted primary physical and legal custody of the children, and Father was given standard visitation. In 2013, Father filed a petition to modify custody, alleging that Mother was providing an unstable environment for the parties’ youngest daughter, GK. In his petition, Father sought primary custody of GK. The district court granted the petition, concluding that there had been a material change in circumstances affecting the child’s welfare sufficient to warrant modification regarding child custody. A divided Supreme Court reversed, holding that the district court abused its discretion in determining that the changes in Mother’s life created a material change in circumstances warranting the reopening of the existing custody order.
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