CABER v. Dahle
2012 OK CIV APP 19
| Okla. Civ. App. | 2012Background
- Father and Mother were unmarried; paternity established and joint custody with equal parenting time ordered by decree.
- Decree of Paternity (Dec. 2008) retained joint custody with Father as primary custodian with final decision making; child support set at $201.44/month.
- May 2009 emergency order granted Father temporary sole custody after concerns of injuries to Child; Mother's visitation suspended; GAL appointed.
- Father filed to modify custody and relocate notice; Mother contested, citing best interests and concerns about Father’s home environment.
- May 19, 2010 trial court awarded joint custody with no primary custodian, equal visitation; denied relocation with right to re-file; Mother ordered to pay arrearage of $3,374.48; no indirect contempt finding.
- Court upheld joint custody, denial of relocation without prejudice, and no indirect contempt; custody/visitation order during pendency of appeal noted as continuing status quo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Joint custody sufficiency in best interests | Caber argues sole custody warranted; weight of evidence favors Father | Dahle argues joint custody appropriate given cooperation potential | Affirmed continued joint custody. |
| Relocation rights under §112.3 when party lacked right to establish principal residence | Caber asserts relocation allowed due to notice timing | Dahle argues Father not entitled to relocation absent right to establish principal residence | Relocation denied; no error given lack of right to establish principal residence. |
| Indirect contempt for failure to pay child support | Caber challenges contempt finding against Mother | Dahle argues willfulness needed for contempt not shown | affirmed not guilty of indirect contempt. |
Key Cases Cited
- Daniel v. Daniel, 42 P.3d 863 (2001 OK) (abuse of discretion standard for custody; weight of evidence review)
- Kilpatrick v. Kilpatrick, 198 P.3d 406 (2008 OK CIV APP) (termination of joint custody allowed when in best interests)
- Foshee v. Foshee, 247 P.3d 1162 (2010 OK) (joint custody requires cooperation and communication)
- In re the Guardianship of C.D.A., 212 P.3d 1207 (2009 OK) (trial court best positioned to assess credibility; weight of evidence)
- Gibbons v. Gibbons, 442 P.2d 482 (1968 OK) (permanent, material change standards for custody modifications)
- Mahmoodjanloo v. Mahmoodjanloo, 160 P.3d 951 (2007 OK) (relocation statute interplay with custody)