Jones v. Jones

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District Court of Lancaster County, Judge Andrew R. Jacobsen

Attorney for Appellant: David V. Chipman (Monzón, Guerra & Associates)

Attorney for Appellee: Mark J. Krieger and Terri M. Weeks (Bowman & Krieger)

Domestic Action: Modification of Custody, Child Support

Action Taken by Trial Court: Although the court gave Curtis final decisionmaking authority in the event of a decisionmaking impasse, it did not otherwise alter the parties’ joint legal custody arrangement. Finding that Curtis’ proposed parenting plan was in Kasey’s best interests, the court incorporated the plan into the modification order—except its provisions about legal custody—and awarded Curtis sole physical custody. The parenting plan included a safety plan, which allows Curtis to terminate Mary’s parenting time if he suspects she is using alcohol or illegal drugs. The district court terminated Curtis’ child support obligation, and ordered Mary to pay $10 per month as a nominal amount of child support. The court ordered Curtis to carry medical insurance for their child and to pay all expenses related to him.

Assignments of Error: Mary assigns, consolidated and restated, that the district court erred in (1) finding a material change in circumstances had occurred since the last custody order, (2) modifying the parties’ divorce decree to give Curtis sole physical custody of their child, (3) modifying the parties’ divorce decree to give Curtis final decisionmaking authority, (4) allowing Curtis to unilaterally suspend or terminate her parenting time, (5) failing to increase Curtis’ child support obligation, and (6) failing to attach a child support calculation to its order of modification.

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Moore, Chief Judge, Riedmann, and Welch, Judges