Bagby v. Bagby
Annotate this CaseBryan and Leota Bagby divorced in 2008. Mr. Bagby was awarded custody of the couple’s only child during the school year. Mrs. Bagby was awarded visitation in the summer months and on alternate holidays. Mr. Bagby moved to Arizona after the custody trial. Mrs. Bagby filed a motion to modify the custody order, but the court denied the motion without holding a hearing. The court reasoned that Mr. Bagby’s move was not a substantial change in circumstances since the original order contemplated long-distance travel for visitation when both parents lived in different cities in Alaska. Mrs. Bagby appealed. The Supreme Court had consistently held that an out-of-state move is a substantial change in circumstances. In this case, the Court reversed the lower court’s order and remanded the case for a hearing on Mrs. Bagby’s motion to modify custody.
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