Ellis v. Carucci

OPINION

By the Court, Parraguirre, J.:

In this appeal, we consider the circumstances under which a district court may modify primary physical custody of a minor child. In the past, this court has applied the two-prong test established in Murphy v. Murphy to determine when a modification of primary physical custody is appropriate.1 Under the Murphy test, a modification is “warranted only when: (1) the circumstances of the parents have been materially altered; and (2) the child’s welfare would be substantially enhanced by the change.’ ’2 After Murphy was decided in 1968, however, the Legislature…