State Ex Rel Johnson v. Bail

We are called on to decide what role, if any, a parent’s illegal act of custodial interference plays in a court’s decision with respect to that parent’s motion to modify child custody. We hold: (1) If circumstances relating to the capability of one or both parents to care for their child have changed since the previous custody arrangement, then the requirement that there be a change in circumstances before a court will consider modifying custody is satisfied, whatever the reason for the change. (2) When determining custody in a modification proceeding, after finding a change in circumstances,…