Tracy v. Tracy

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Mother and Father divorced pursuant to a stipulated divorce decree that granted Mother custody of the children, subject to Father’s right to liberal visitation. When Mother advised Father that she intended to move to another city with the children, Father filed a petition to modify the custody, visitation, and support provisions of the divorce decree. After a trial, the district court granted custody of the children to Father. The Supreme Court affirmed, holding (1) the district court did not err when, six months prior to trial, it granted Father temporary physical custody of the children upon offers of proof and argument, rather than after holding a full evidentiary hearing; (2) the court did not abuse its discretion by allowing the children’s counselor to testify as an expert witness at trial; (3) the district court did not abuse its discretion in awarding custody of the children to Father after a full evidentiary hearing; and (4) the court did not violate Mother’s constitutional rights to interstate travel and to associate with her children when it modified custody in favor of Father. View "Tracy v. Tracy" on Justia Law