Weaver v. Weaver
Annotate this CaseLisa and Mark Weaver married in 2016, and had one minor child, A.W., born January 2017. In November 2020, The parties agreed between themselves to split physical custody of A.W. on a roughly 60/40 basis, with Mark having three out of every four weekends. Through court-ordered mediation, the parties resolved all issues relating to their divorce except for “physical custody, visitation, and child support.” Pertinent to this appeal, Mark argued a 50/50 split would be in A.W.’s best interest because it would allow A.W. to have more time with her father and give her more “stability and structure” compared to the temporary custody arrangements the parties had been using. Lisa’s major concern with Mark’s proposed arrangement was the time it would require A.W. to be in daycare when Lisa could provide care for A.W. at home. The magistrate court issued an oral ruling at the conclusion of trial that split physical custody of A.W. between the parties on a roughly 60/40 basis. The magistrate court indicated that its decision did not give either Lisa or Mark exactly what they wanted, but was what the magistrate court believed to be in A.W.’s best interest. Lisa moved the magistrate court for permission to appeal its custody order directly to the Idaho Supreme Court, which was granted. On appeal, Lisa argued the magistrate court abused its discretion in ordering a division of custody in which one parent had custody on almost every weekend. The Supreme Court concurred the magistrate court abused its discretion in awarding Mark physical custody of A.W. on almost every weekend, finding the court acted outside the bounds of its discretion and misapplied relevant legal standards in failing to adequately consider the statutory factor concerning A.W.’s interactions and interrelationships with her parents once A.W. started school. Judgment was reversed and the matter remanded for further proceedings.
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