JLK v. MABAnnotate this Case
Mother and Father shared custody of their child pursuant to a custody order that provided for the parties to alternate custody on a weekly basis. The custody order included a drug testing requirement allowing Mother to make one request per month that Father submit to a drug test. If the test is negative, Mother must reimburse Father for the cost of the test before making another request. Father later filed a show cause motion alleging that Mother had violated the order by failing to allow him his visitation and reimburse him for a negative test. Mother filed her own show cause motion alleging that Father violated the drug testing requirement. The district court granted Father’s motion and denied Mother’s motion and ordered Mother to pay Father’s attorney fees and the costs of the negative drug test. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in finding that Father did not violate the custody order; and (2) erred in finding that Mother willfully violated the custody order, but the court’s granting of relief is nevertheless upheld because Mother’s conduct did deprive Father of visitation and reimbursement of drug testing costs to which he was entitled under the custody order.