Hansen v. Hansen
2012 UT 9
Utah2012Background
- Divorced in 1998; Kay Hansen retained sole physical custody of J.H.; Steven Hansen paid child support.
- J.H. resided at Volunteers of America Utah Transition Home (VOA) as a shelter for extended periods starting July 2007.
- Steven petitioned on April 25, 2008 to redirect child support payments to VOA, arguing support should follow the child to VOA.
- Lower courts denied the motion; court of appeals affirmed, applying Utah Code § 78B-12-108(1) and (2).
- The Utah Supreme Court held subsection (2) controls and redirects only when physical custody changes to a listed custodian, which did not occur here.
- VOA cannot become J.H.’s physical custodian; there was no statutory mechanism for a private shelter to obtain custody; the motion to redirect was properly denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §78B-12-108(1) requires redirecting to VOA | Hansen: support must follow the child to VOA under (1) | Hansen: (2) governs redirection and allows follow-to-VOA via custody change | No; (2) governs and requires a custody change to a listed custodian |
| Whether VOA can become a physical custodian | VOA disputes its ineligibility for custody; argues support should redirect | VOA is not party and cannot become custodian under statute | VOA cannot be custodian; not party; no change in custody under law |
| Whether physical custody includes mere shelter provision | Providing shelter/sustenance suffices to redirect | Custody requires legal right to supervise/control; mere shelter is insufficient | Physical custody requires care and supervision; shelter alone does not constitute custody |
Key Cases Cited
- Moody v. Moody, 715 P.2d 507 (Utah 1985) (continuity and stability factors in custody)
- Kramer v. Kramer, 738 P.2d 624 (Utah 1987) (avoid ping-pong custody and mischief from unilateral changes)
- Jones v. Barlow, 154 P.3d 808 (Utah 2007) (child development depends on continuity with primary caregiver)
- Kelson v. Salt Lake Cnty., 784 P.2d 1152 (Utah 1989) (term of art interpreted by usual legal meaning)
- Henderson v. Henderson, 568 P.2d 177 (Mont. 1977) (physical custody involves care and control, not just possession)