Suter v. Biggers
Annotate this CaseThis appeal arose from a custody dispute between Jeffrey Biggers and Emily Suter over their two children. Emily remarried, and her husband worked in McCall. Emily made several attempts to modify custody, and each time she was unsuccessful. At trial, a magistrate judge held that last attempt, a permanent move to McCall, would have been a "material, permanent, and significant change" for the children and denied the request for modification. Neither party appealed this finding. At the conclusion of trial, the court found that it would be in the boys’ best interests to remain in the Emmett area. Consistent with this finding, the court ordered that Jeff and Emily have joint physical and legal custody, that Jeff have primary custody of the boys, and that Emily have visitation rights throughout the year and over the summer break. Emily appealed that ruling, but finding no abuse of discretion or other reversible error, the Supreme Court affirmed.
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