Jones v. Jones
2016 UT App 94
Utah Ct. App.2016Background
- Timothy (Father) and Autem (Mother) divorced; supplemental decree (Dec 2011) awarded Father physical custody and provided Mother parent-time under Utah Code § 30-3-37 because parents lived ~339 miles apart, but stated that if Mother moved within a “reasonable distance,” parent-time should follow § 30-3-35.
- Father relocated to Monroe, Utah; Mother initially stayed in Moab, later rented a house in Monroe and established residency there, reducing distance between parents to ~186 miles; district court ordered standard parent-time (§ 30-3-35) when Mother lived in Monroe.
- Mother later could not maintain the Monroe residence due to seasonal income and children’s medical expenses and moved back to Moab; she requested continuation of standard parent-time while residing in Moab.
- Father refused, asserting that standard parent-time while Mother lived in Moab (186 miles away) would disrupt the children’s routines and activities and that a modification required a material change in circumstances.
- The district court found changed circumstances (Mother’s moves, financial strains, rental of Monroe residence) and concluded that more time with Mother in Moab was in the children’s best interests; it ordered standard parent-time in Moab.
- Father appealed; the Court of Appeals affirmed, holding the trial court did not err in the standard of change required and did not abuse its discretion on best interests. No appellate attorney fees awarded.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether modification of parent-time required a showing of a material/substantial change in circumstances | Modification requires a substantial/material change like custody modifications; none occurred here | Lesser showing suffices for visitation changes; supplemental decree contemplated change when within "reasonable distance" | Court: visitation modifications need a lesser showing than custody; trial court permissibly relied on changed facts and decree language (no error) |
| Whether ordering standard parent-time for Mother while she lived in Moab was in children's best interests | Increased travel and disruption to children’s activities outweigh benefits; not in children’s best interests | Children have significant familial ties in Moab; Mother’s financial inability to maintain Monroe home; greater bonding with mother benefits children | Court: trial court did not abuse discretion; prioritizing children’s relationship with Mother was reasonable and not flagrantly unjust |
| Whether Mother was entitled to appellate attorney fees because Father's appeal was frivolous | N/A (Father appellant) | Mother sought fees, arguing appeal frivolous | Court: appeal was not frivolous or egregious despite being unsuccessful; no fees awarded |
Key Cases Cited
- Cummings v. Cummings, 821 P.2d 472 (Utah Ct. App. 1991) (whether material change exists before reexamining custody reviewed for correctness)
- Hogge v. Hogge, 649 P.2d 51 (Utah 1982) (custody modification requires substantial/material changes in circumstances)
- Becker v. Becker, 694 P.2d 608 (Utah 1984) (distinguishing change-of-circumstances standard for visitation from custody)
- Kramer v. Kramer, 738 P.2d 624 (Utah 1987) (trial court’s prerogative to hear/weigh conflicting evidence and make findings)
- Jorgensen v. Jorgensen, 599 P.2d 510 (Utah 1979) (broad discretion in visitation orders; reversal only for flagrant abuse)
- Dana v. Dana, 789 P.2d 726 (Utah Ct. App. 1990) (child’s welfare and fostering relationship with noncustodial parent paramount)