Hopkins v. HopkinsAnnotate this Case
Mother and Father divorced pursuant to a decree that granted Mother full custody of the parties' two daughters, with regular visitation for Father. Almost a decade later, Mother filed an application to modify visitation. Father counterclaimed, seeking full custody of the parties’ children on the ground that Mother’s current spouse resided with and had unsupervised access to the children and is a registered sex offender due to a felony involving his minor stepdaughter. The district court denied Mother’s application to modify and denied Father’s counterclaim. Father filed a petition for further review. The Supreme Court affirmed, holding (1) Mother met her statutory burden to produce evidence that her spouse was not a significant risk to the girls; and (2) the district court did not abuse its discretion by finding that the girls were not at significant risk.