In re the Marriage of Wittke

This is a proceeding to modify the custody provisions of the parties’ 1980 dissolution judgment. The modification court ordered that joint custody be continued, but that the parties’ child be in mother’s physical custody in Oregon during the school year and with father in Utah each summer. Father appeals.

The original judgment provides, in relevant part:

“5. The parties have one child, namely, MAC BRIAN WITTKE, born July 21, 1975. It is agreeable to the parties that both parties have joint custody of the minor child, subject to physical custody being with [Father] from September 1 to May 30,…