Hogge v. Hogge

OAKS, Justice:

This is an appeal from an order of. the district court transferring custody of the parties’ minor sons from appellant husband to respondent wife. The case requires us to clarify the relationship between two legal principles: first, the requirement that a court modify a decree awarding custody of a minor child only where warranted by a showing of a substantial change in circumstances; and, second, the court’s obligation to decree whatever custody arrangements serve the best interests of the child.

The parties were divorced in May, 1979, when their twin sons were nineteen months…