Schneider v. Schneider
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After conducting an informal custody trial and granting the parties' divorce, a magistrate judge awarded the parties joint legal custody of their two minor children. Primary physical custody was awarded to their father Respondent Jimmy Schneider, subject to visitation rights awarded to their mother, Appellant Dorothy Schneider. Mrs. Schneider appealed that decision arguing that the magistrate judge's findings that her use of medications affected her ability to parent. Furthermore, Mrs. Schneider argued the magistrate abused its discretion in ordering visitation for Mrs. Schneider on certain mornings in the father's home. Upon review of the trial court record, the Supreme Court found substantial and competent evidence to support the magistrate judge's decisions. The Court affirmed the magistrate's award of primary physical custody to the father. However, the Court found the magistrate judge abused its discretion in granting Mrs. Schneider the right to care for the children in the father's home on certain mornings. The Court remanded the case back to the magistrate level for further proceedings on reasonable visitation.
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