Widdison v. Widdison, Utah Court of Appeals (2022)
Apr 07, 2022OUTCOME: Upheld
Father filed a petition to modify his decree of divorce. The district court awarded Father joint legal and physical custody of Son. Mother appealed and argued that such a change to the decree was imp ... roper without a showing of a material and substantial change in circumstance. Todd represented Father on appeal. The Utah Court of Appeals held in favor of Father, concluding that such a showing was not necessary since the original decree should have, but did not, address Father's custody of Son. Accordingly, the court did not err in effectively "deciding legal custody in the first instance" as part of the modification proceedings.
