281 P.3d 1096
Idaho2012Background
- Russell Peterson and Laura Peterson married in 1993 and have five minor children born in 1997, 1999, 2005, and twins in 2007.
- In 2009 Laura moved with the children to Utah, and Russell filed for divorce the next day.
- A Joint Temporary Restraining Order and custody proceedings followed, with a temporary order limiting removal of children from Idaho.
- A custody evaluation by Dr. Ruby Walker recommended joint custody and noted ongoing involvement by both parents.
- The magistrate court ultimately awarded Laura primary physical custody with Russell's visitation, and allowed Laura to relocate to Salt Lake City, Utah.
- The Idaho Supreme Court affirmed, holding no abuse of discretion and upholding relocation and visitation orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody arrangement discretion governing primary custody | Peterson argues unequal visitation violates joint custody presumption | Peterson supports extensive joint custody as best interest | Magistrate did not abuse discretion; supported by factors and existing evidence |
| Relocation to Utah and impact on child best interests | Relocation undermines children's relationship with father | Relocation allowed when best interests require stability and opportunities | Relocation to Utah affirmed with substantial evidence supporting best interests |
| Effect of custody evaluator's recommendations | Magistrate should follow Dr. Walker's recommendations | Court may consider evaluator but not bound by it | Court not required to follow evaluator; findings grounded in substantial evidence |
| Attorney fees on appeal | Request for fees should be granted | No party provided adequate authority or argument | Neither party awarded attorney fees on appeal |
Key Cases Cited
- Schultz v. Schultz, 145 Idaho 859 (Idaho 2008) (custody standard emphasizing best interests and factors)
- Bartosz v. Jones, 146 Idaho 449 (Idaho 2008) (relocation not prohibited; broad consideration of factors)
- McGriff v. McGriff, 140 Idaho 642 (Idaho 2004) (custody decisions may vary from evaluator recommendations)
- Nelson v. Nelson, 144 Idaho 710 (Idaho 2007) (substantial evidence standard for factual findings)