Fenton v. Webb

Appellant Tammie Haas and appellee Kenneth Fenton are the parents of Rachel, who was born in February of 1990. Tammie assumed Rachel’s care after her birth. In 2003, Kenneth petitioned for primary physical care. In the course of the litigation, Tammie failed to comply with certain discovery requests and the district court found her in default and determined Kenneth should be Rachel’s primary physical custodian. Tammie challenges the finding of default and the custodial award on several grounds. We affirm the finding of default. We reverse the custodial award and remand to the district court…