ELA v. AABAnnotate this Case
Father and Mother, who never married but had a son, stipulated to an order setting custody and visitation. This opinion inferred from the information that Father was the custodial parent and that Mother had defined visitation. A year and a half after the stipulated order was entered, Father filed a “Petition to Modify Visitation and Motion for Contempt and Restraining Order,” asserting that a material change in circumstances occurred and seeking to have Mother held in contempt for failing to pay child support. The district court denied the petition to modify and granted the motion for contempt. The Supreme Court affirmed, holding that the district court did not abuse its discretion by (1) denying Father’s petition to modify Mother’s visitation after finding that there was no material change in circumstances, and (2) conducting the modification hearing as it did.