Doe v. Doe
Supreme Court of Idaho
239 P.3d 774 (Idaho 2010)
John Doe (plaintiff) and Jane Doe (defendant) were divorced and had one child. The divorce decree award the John and Jane joint legal and physical custody of the child, with Jane having primary physical custody. After the divorce decree, Jane made it very difficult for John to visit the child. When John would schedule a time to visit, Jane and the child would be gone when he arrived at the scheduled time. Additionally, Jane would tell John that the child was sick and that John could not visit when in fact the child was not sick. Jane also exhibited other erratic behavior around the child. Jane often made up false stories that sought to prevent John from seeing the child. John filed a petition to modify the divorce decree to grant him sole legal custody and primary physical custody of the child. The court appointed a custodial expert, who testified that the current custodial situation was detrimental to the child’s upbringing on account of Jane’s erratic behavior. The expert stated that the behavior was affecting the child’s relationship with John. The trial court found in favor of John, determining that Jane was completely irrational with respect to sharing custody and visitation with John. The court awarded John sole legal custody and primary physical custody of the child. Jane appealed.
Rule of Law
Holding and Reasoning (Eismann, C.J.)
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