337 P.3d 1271
Idaho2014Background
- Custody dispute between Jeffrey Biggers and Emily Suter over two children; trial court awarded Jeff primary custody with Emily visitation, affirmed on appeal.
- Parenting plan incorporated in divorce in 2011 prohibited moves over 100 miles without mutual consent or court decision, and Emily remarried Clint Suter.
- In 2013 Emily moved the boys to McCall (about 77 miles from Jeff in Sweet), triggering relocation disputes and a temporary order to keep the boys in Emmett for continuity.
- A Gem County/Boise County proceeding concluded the move constituted a material change and the best interests favored Emmett; trial court used Idaho Code 32-717 factors to determine custody.
- On appeal, court held the moving party bears the burden to prove relocation is not in the children’s best interests when the move does not violate a custody agreement; the decision to make Jeff primary custodian was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof on relocation within 100 miles | Suter argues Jeff bears burden; move within 100 miles avoids Roberts rule shift | Biggers argues relocating parent bears burden when modification sought | Burden remains on moving party; decision affirmed under best interests standard |
| Proper application of Idaho Code 32-717 factors | Emily claims factors were misweighed in favor of Emmett | Jeffers? (Jeff) argues factors weighed properly to reflect ties to Emmett | Court acted within discretion; factors support staying in Emmett |
| Validity of August 2013 Temporary Orders without findings | Order lacked findings; potentially improper | Order moot after final judgment; no appeal timely for that order | Issue moot; subsequent judgments superseded temporary order |
| Jurisdiction to hear permissive appeal | Rule 12.1 timing issues; premature filing allowed under Rule 17(e)(2) | Appellate exercise proper under Rule 17(e)(2) | Permissive appeal properly before court; timely under Rule 17(e)(2) |
Key Cases Cited
- Osteraas v. Osteraas, 124 Idaho 350 (1993) (burden-shifting and modification standard for custody actions)
- Roberts v. Roberts, 138 Idaho 401 (2003) (best interests applied after material change; burden considerations)
- Bartosz v. Jones, 146 Idaho 449 (2008) (relocation burden when move would violate custody order; no presumption against relocation)
- Peterson v. Peterson, 153 Idaho 318 (2012) (move siting factors; supports considering move when connections exist)
- Markwood v. Markwood, 152 Idaho 756 (Ct.App.2012) (illustrates balancing 32-717 factors where relocation affects existing ties)