Gustaves v. Gustaves

EISMANN, Justice.

This is a divorce action in which the central issue on appeal is the award of primary physical custody of the parties’ two children. The magistrate judge awarded primary physical custody of the children to appellant Jason Gustaves, and the district judge vacated that award on appeal. We affirm the judgment of the magistrate judge.

I. FACTS AND PROCEDURAL HISTORY

Jason and Tricia married on June 5, 1993. They have two sons: Dimitri, who was born on November 1, 1993, and Tanner, who was born on February 20, 1995. On July 26, 1999, Jason filed for divorce on the ground of extreme…