Schrag v. SpearAnnotate this Case
Upon learning that the parties’ child had relocated with Mother to New York, Father filed a complaint in the district court seeking an award of legal and physical custody of the child. Mother filed an answer and a counterclaim seeking permission to move the child to New York. The district court denied Mother’s request to move the child to New York, awarded primary physical custody of the child to Father, removed restrictions on Grandmother’s visitation with the child, and calculated Mother’s child support obligation. The court of appeals affirmed in part and reversed in part, concluding that the district court abused its discretion in denying Mother permission to move the child to New York and in awarding physical custody of the child to Father. The Supreme Court reversed, holding that the trial court did not abuse its discretion in its resolution of these two issues in favor of Father.