Woods v. Sanders, 150 Idaho 53

C.W. is the minor child of Sanders and Woods; he has lived in Gooding County, Idaho since 2005.
Initial custody orders in 2006 provided joint physical and legal custody, with Woods having visitation rights.
C.W. has lived with Woods full-time since March 2008, following various living arrangements and a protective order context.
Woods filed February 4, 2009 for a modification seeking sole physical and legal custody; Sanders failed to appear at trial.
Magistrate awarded Woods sole custody and Woods’ attorney fees; Sanders appeals directly to the Idaho Supreme Court.
The court later addresses preservation of issues, notice, judge disqualification, and award of attorney fees on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation and waiver of issues	Sanders preserved issues; Woods argues waived.	Sanders failed to preserve and provide proper citations.	Issues waived due to failure to preserve and cite record.
Whether the custody modification was an abuse of discretion	Sanders contends joint custody should remain; Woods argues changed circumstances favor Woods.	Woods argues best interests support sole custody; Sanders did not meet burden.	Magistrate did not abuse discretion; sole custody to Woods affirmed.
Whether attorney fees to Woods were proper	Woods seeks fees under I.C. § 12-121 for Sanders's conduct.	Sanders allegedly defended without foundation or evidence.	Magistrate’s fee award affirmed; Sanders acted unreasonably.
Whether Woods is entitled to fees on appeal	Woods seeks appellate fees if appeal was frivolous or unfounded.	Sanders's appeal was not presented with proper record support.	Appellate fees awarded to Woods; sanctions under I.A.R. 11.2 not imposed.

Danti v. Danti, 146 Idaho 929 (2009) (custody determinations reviewed for abuse of discretion)
Brownson v. Allen, 134 Idaho 60 (2000) (burden to justify modification in custody cases)
Hopper v. Hopper, 144 Idaho 624 (2007) (abuse of discretion standard for custody awards)
Reed v. Reed, 137 Idaho 53 (2002) (substantial and competent evidence standard of review)
Michalk v. Michalk, 148 Idaho 224 (2009) (silence at trial can preclude appellate review; need record citations)
Crowley v. Critchfield, 145 Idaho 509 (2007) (substantive issues not raised below are waived on appeal)
Hoppe v. McDonald, 103 Idaho 33 (1982) (preservation of objections required for appellate review)
Mackowiak v. Harris, 146 Idaho 864 (2009) (failure to object below precludes challenge on appeal)
Nelson v. Nelson, 144 Idaho 710 (2007) (support for affirming custody decisions with substantial evidence)
McGrew v. McGrew, 139 Idaho 551 (2003) (12-121 fee-shifting standards for frivolous defenses)
Sprinkler Irrigation Co. v. John Deere Ins. Co., 139 Idaho 691 (2004) (frivolous appeal as basis for attorney-fee award under 12-121)
Chisholm v. Twin Falls Cnty., 139 Idaho 131 (2003) (good-faith issues weigh against sanctions; basis for appeal scrutiny)
Lattin v. Adams Cnty., 149 Idaho 497 (2010) (sanctions analysis under I.A.R. 11.2 considerations)