Leavitt v. Leavitt
| Decision Date | 20 March 2006 |
| Docket Number | No. 31350.,31350. |
| Citation | 142 Idaho 664,132 P.3d 421 |
| Parties | Mundee M. LEAVITT, a deceased individual, Plaintiff, v. Kenneth M. LEAVITT, an individual, Defendant-Appellant, v. Tracee Crawford, an individual, Intervenor-Respondent. |
| Court | Idaho Supreme Court |
Leroy Law Office, Boise, for respondent. David H. Leroy argued.
Sisson & Sisson, Boise, for amicus curiae AARP.
This case involves Idaho's grandparent visitation statute which allows a court to award reasonable visitation rights to a grandparent upon a proper showing that visitation would be in the best interests of the child. Idaho Code § 32-719. Appellant Kenneth M. Leavitt (Leavitt), the child's father, appeals the district court's award of visitation rights to Respondent Tracee Crawford (Crawford), the child's maternal grandmother. Because we conclude the magistrate judge's decision terminating Crawford's visitation rights was based on substantial evidence and was not an abuse of discretion, we affirm.
In 1995, Adam was born to Leavitt and Crawford's daughter, Mundee M. Leavitt (Mundee). Leavitt and Mundee divorced in 1997. The divorce decree provided for equal shared custody of Adam, but stated that at such time as Mundee could no longer care for Adam due to her health problems, Adam was to reside primarily with Leavitt. In 1999, Crawford petitioned to intervene in the divorce case and seek grandparent visitation rights. Pursuant to a stipulation between Leavitt, Mundee, and Crawford, an order was entered granting Crawford visitation rights when Mundee no longer had custodial time with Adam.
Mundee died in March 2000, leaving Leavitt the sole custodian of Adam. Crawford's visitation rights "sprang" into existence at the time of Mundee's death. Since 1995, Crawford had assisted with raising Adam by watching him occasionally. When Leavitt and Mundee separated prior to their divorce, Crawford became more involved in Adam's upbringing while Mundee took evening classes and attempted to recover from her illness. Upon Mundee's death, Crawford engaged in behavior that lead to the current dispute. Crawford violated the order granting her visitation rights by visiting Adam at his school without Leavitt's knowledge. Crawford took Adam to counseling without Leavitt's knowledge, as well. Also, over a nine month period, Crawford reported Leavitt to a state agency for abuse of Adam several times, however no abuse was ever found. Three days after the fifth and final abuse report was filed by Crawford, Leavitt began proceedings to eliminate Crawford's visitation rights.
After holding an initial hearing in August 2001, the magistrate court issued its memorandum opinion, in which it considered the United States Supreme Court's Troxel opinion recognizing the fundamental rights of a parent to direct a child's upbringing. See Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). The court then applied the presumption that fit parents act in the best interests of their children and gave deference to Leavitt's decision. For a variety of reasons, including the extensive friction and hostility between Crawford and Leavitt, the magistrate temporarily cancelled Crawford's visitation rights. After a full trial before the magistrate court, Crawford's rights were permanently cancelled in June 2002.
Crawford appealed to the district court, which conducted the appeal through judicial review of the record. In its February 2003 decision, the district court analyzed the evidence that had been presented to the magistrate court in 2001, including testimony from Adam's teacher that Adam became out of control when Crawford came to the school unannounced in February 2001, and that Adam was disruptive again in May on the days before and after a weekend visit with Crawford. The district court next reviewed evidence presented to the magistrate court in 2002, including Leavitt's testimony that after termination of Crawford's visitation rights, Adam had been diagnosed with ADD and another disorder for which he was receiving medication. Leavitt also testified, however, that Adam's behavior had improved after the visits with Crawford were terminated.
The district court determined the evidence presented to the magistrate court was insufficient to establish that time spent with Crawford was the origin of Adam's misconduct. The district court remanded to the magistrate court to further consider the public policy favoring extended family relationships, to make "additional findings" regarding the cause of Adam's behavioral problems in school and to analyze the best interests of Adam pursuant to I.C. § 32-717, which sets forth factors to consider in determining a child's best interests for custody purposes.1
On remand, the magistrate court declined to take additional evidence, believing that the record was sufficient from which to make the necessary additional findings. In its June 2003 memorandum decision, the magistrate court delved into further detail regarding Adam's behavior at school. The court made further findings that Adam's behavior had improved throughout the year until February 2001, when Crawford dropped in without permission, whereupon Adam immediately reverted back to his bad behavior. Thereafter, Adam's behavior improved until May 2001, when Adam found out he would be visiting with Crawford that weekend. The magistrate court determined Adam's contact with Crawford in school had caused Adam to misbehave. The court observed the relationship between Leavitt and Crawford had become highly adversarial, and emphasized Crawford's violations of her visitation order. The magistrate court made detailed findings on each of the best interest factors listed in I.C. § 32-717, again concluded it was in the best interests of Adam that visitation be terminated and determined Crawford failed to carry her burden of proving otherwise.
On Crawford's second appeal, the district judge concluded he would conduct a limited trial de novo solely as to the facts relating to the cause of Adam's misbehavior. It appears the district court agreed to adopt the transcripts and exhibits before the magistrate court, but chose to accept new evidence on this one factual issue. Consequently, at the new hearing, the parties were limited to the presentation of evidence relating to the cause of Adam's behavioral problems. After hearing from competing experts at the limited de novo trial, the district court in October 2004 found Adam's disruptive behavior was not the result of Crawford's visitation, but rather was caused by Adam's ADD. The district court gave passing reference to the presumption that Leavitt was acting in Adam's best interests, but concluded Crawford established, by a preponderance of the evidence sufficient to overcome Leavitt's decision, that she should be allowed visitation. The district court then entered a structured order for counseling and supervised visitation so that Crawford could gradually be brought back into Adam's life. This appeal followed.
When reviewing a decision rendered by the district court in its appellate capacity under I.R.C.P. 83(a), this Court considers the record before the magistrate court independently of the district court, while giving due regard to the district court's analysis. Roe Family Services v. Doe, 139 Idaho 930, 934, 88 P.3d 749, 753 (2004). When a district court orders a trial de novo of a case that was already tried to a magistrate, this Court applies a different standard of review. This is so because an order for a trial de novo legally removes the magistrate court's decision from the judicial record. Winn v. Winn, 101 Idaho 270, 275, 611 P.2d 1055, 1060 (1980). Accordingly, only the district court's findings and conclusions will generally be reviewed by this Court. See Latham Motors, Inc. v. Phillips, 123 Idaho 689, 693, 851 P.2d 985, 989 (Ct.App.1992). The trial court's findings of fact will be upheld if supported by substantial and competent evidence, but this Court will freely review the court's conclusions of law. Roe Family Services v. Doe, 139 Idaho 930, 934, 88 P.3d 749, 753 (2004) (); Latham Motors, Inc., 123 Idaho at 693, 851 P.2d at 989 (Ct.App.1992) (). This Court will give due regard to a trial court's special opportunity to judge the credibility of witnesses who appear before it. Wood v. City of Lewiston, 138 Idaho 218, 61 P.3d 575 (2002).
With regard to child custody determinations, these are committed to the sound discretion of the magistrate court and will not be overturned on appeal unless such discretion is abused. Biggers v. Biggers, 103 Idaho 550, 555, 650 P.2d 692, 697 (1982). While this Court has not previously addressed the issue, there is no reason the same standard should not be applied to a magistrate court's decisions regarding grandparent visitation rights. We now hold visitation decisions made pursuant to I.C. § 32-719 are subject to the abuse of discretion standard of review. In reviewing an exercise of discretion, the appellate court must consider (1) whether the trial court correctly perceived the issue as one of discretion; (2) whether the trial court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether the trial court reached its decision by an exercise of reason. Sun Valley Shopping Ctr., Inc. v. Idaho Power Co., 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991).
The key issues that will be addressed in this appeal are (1) the propriety of the district court's review of the magistrate court's decision; (2) the applicable burden of proof; and (3) whether the magistrate court abused its discretion.
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