Eric H. v. Ashley H.

I. NATURE OF CASE

A father appeals from the district court's denial of his motion to modify custody of a minor child after the child reported that her stepfather was sexually abusing her. The district court found that the father had failed to prove that the reported abuse had occurred. We conclude that the district court applied the correct standard of proof and did not abuse its discretion in its determination of the scope and meaning of the father's complaint. However, we also conclude that the court made an error of law in finding there was "no competent evidence" of sexual abuse by the…