Soehlke v. Soehlke

The marriage of Father and Mother was dissolved in 2005, and Father and Mother were awarded joint legal and physical custody of their only child. In 2008, the trial court modified the custody and support provisions of the original judgment. In 2009, Father filed a motion to modify, alleging that a modification was justified due to Mother's numerous refusals to comply with the 2008 judgment. Specifically, Father requested that the court grant him sole legal and physical custody of the child as well as other modifications. The court continued the parties' joint legal and physical custody but imposed new custody terms (2009 judgment). Mother appealed. The Supreme Court affirmed, holding (1) Mother was not entitled to a new trial because the trial court failed to appoint a guardian ad litem in the modification proceedings; (2) the trial court properly considered all of the best interest factors before it in its 2009 judgment; and (3) the trial court's modification clarifying its 2009 judgment was supported by good cause. View "Soehlke v. Soehlke" on Justia Law