Weaver v. WeaverAnnotate this Case
The Supreme Court affirmed the opinion of the court of appeals reversing the judgment of the district court denying Father's motion to modify parenting time, holding that the district court abused its discretion.
At issue was the interpretation of a provision in the parties' custody agreement incorporated into the divorce decree stating that if a dispute over modification were submitted to a court, the court would apply the "then-governing legal standard." In denying Father's motion, the district court concluded that although more parenting time with Father would be in the child's best interests, Father failed to demonstrate a material change in circumstances. The court of appeals reversed. The Supreme Court affirmed and remanded the case, holding (1) the agreement incorporated into the decree did not purport to set forth the legal standard under which a court could adjudicate a complaint to modify; and (2) there was a material change in circumstances.