Demers v. NicksAnnotate this Case
Mother and Father separated in 2005, when their child was ten months old, and largely shared parenting of the child. In 2012, Father filed a petition to establish custody, visitation, and child support. The district court first issued a temporary custody order addressing temporary custody, visitation, and child support during the pendency of the custody action. After a trial, the district court issued a final custody order awarding primary custody to Father and granting Mother liberal visitation rights. The Supreme Court affirmed, holding (1) the district court did not err in treating its final custody order as an initial custody determination rather than as a modification of an existing custody order; and (2) the district court did not abuse its discretion in its consideration and weighting of the status quo and the child’s custody preference in making its custody determination.