Booth v. Booth
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The Supreme Court reversed the district court’s modification of Father’s visitation schedule, holding that there was no support for a finding that the modification to Father’s visitation schedule was in the children’s best interests.
When Father and Mother were divorced the district court ordered that Father would exercise his visitation with the parties’ two children at their former marital residence in Oakley, Utah. The parties later requested a modification to the visitation schedule so that Father, who lived in Rock Springs, Wyoming, was no longer required to exercise his visitation in Oakley. The court granted the request and changed the visitation location but, in addition, modified the visitation schedule to provide that the children would spend extended periods of time with Father in Rock Springs. The Supreme Court held (1) the district court did not violate Mother’s due process rights when it modified the visitation schedule; (2) there was a material change in circumstances sufficient to reopen the court’s original order; but (3) the record did not support a finding that the modification of Father’s visitation schedule was in the children’s best interests.
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