Hays v. Martin
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The Supreme Court affirmed the judgment of the district court modifying the court's divorce decree and awarding Father primary physical custody of the parties' son, holding that there was no error.
In the divorce decree, the court awarded the parties joint legal custody of the child and gave Mother primary physical custody. Mother subsequently filed a petition to modify custody. In response, Father counterclaimed for custody modification, requesting primary legal and physical custody of the child. After holding an evidentiary hearing, the district court awarded the parties joint custody of the child and Father primary physical custody. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in denying Mother's motion to remove and replace the guardian ad litem for the custody modification proceedings; and (2) adequately considered Mother's abuse allegations prior to modifying custody.
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