Doe v. Doe

239 P.3d 774 (2010)

Facts

F and M were married, but they separated about four months later. They have a son. F filed for divorce, and the divorce decree was entered, and the parties were granted joint legal and physical custody of their son, with M being granted primary physical custody. F filed a motion to modify the decree to grant him sole legal custody and primary physical custody of the parties' son on the ground that M had engaged in a pattern of denying him access to the child. The Magistrate entered findings of fact and an order granting F's motion. The magistrate found: “It must be said that she is completely irrational on the subject of sharing this child with his father. She seems strangely unaware of the inconvenience and difficulty which her actions cause to others, and of the damage which these behaviors can do to her child.” The court modified the divorce decree by granting F sole legal custody and primary physical custody of the parties' son. M appealed.