Frackman v. Enzor

STOWERS, Justice.

I. INTRODUCTION

This appeal arises from a father's motion to modify the custody arrangement of the parties' two children. The superior court awarded primary physical and sole legal custody to the father after hearing testimony from a custody investigator and both parties. The mother appeals. She argues that the court abused its discretion because it modified the custody order based on evidence that existed when the court denied another motion to modify custody five years earlier. But because there was new evidence of substance abuse and untreated mental health issues, the…