Rennels v. Rennels

After Father received sole custody of Child, Father and Child lived with Grandmother. Father and Child then moved. Later, Father stopped allowing Child to see Grandmother. Grandmother then sought court-ordered nonparental visitation. Father filed a motion to dismiss the petition, which the district court denied. The parties then reached a settlement of the visitation issues, and the district court issued a visitation order effecting the provisions of the parties' stipulation. Later, Grandmother filed a motion to compel Father to comply with the stipulated visitation order, which the district court denied, finding, inter alia, that continued visitation was not in Daughter's best interest. On appeal, the Supreme Court reversed, holding (1) modification or termination of a nonparent's judicially approved visitation rights is only warranted upon a showing of a substantial change in circumstances that affects a child's welfare such that it is in the child's best interest to modify the existing visitation arrangement; and (2) the district court failed to articulate any substantial change in circumstances before it terminated Grandmother's nonparent visitation rights, and therefore, it was not in the best interests of Child to terminate visitation. Remanded.