Case: Schneider v. Schneider, 258 P.3d 350; 2011 Ida. LEXIS 123
CASE SUMMARY
The case of Schneider v. Schneider is a custody/visitation case, from the Supreme Court of Idaho in 2011. The case is built upon several unique issues decided in the original divorce hearing.
1. Whether by agreeing to proceed by informal custody trial, Defendant is precluded from
raising any of these issues on appeal.
2. Whether the magistrate judge abused its discretion when it granted Plaintiff primary
physical custody.
3. Whether the magistrate judge abused its discretion by granting Defendant the right to care
for the children at Plaintiff’s home on certain school-day mornings while Plaintiff is at
work.
4. Whether the magistrate judge erred by not considering I.C. § 37-717(2) as it relates to
Defendant’s disabilities.
5. Whether the magistrate judge erred by not making a record of the in-camera interview of
the children.
6. Whether Plaintiff is entitled to an award of attorney fees.
Basis for many of these claims lies in the magistrate’s evaluation of the Defendant’s use of prescription drugs and how this usage may affect her ability to be an effective parent. Several experts were consulted and the consensus was that because her medicinal usage was as prescribed by her doctor, there was no substance abuse issue to be considered.
The magistrate also ruled that the medical conditions and the pharmaceutical usage to control said conditions could not be considered disabilities.
Regarding the issue of allowing the Defendant access to the Plaintiff’s home to care for the children, the magistrate ruled that this was not an appropriate decision and would be remanded.
Regarding the in-camera interview, the magistrate ruled that this was not an issue to be considered, since the judge did not rely on the results of the interview when making his decision.
The Plaintiff was not awarded any recovery of fees.
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