Bautista v. Picone

Granting a parenting coordinator authority to make substantive changes to the parents’ custody arrangement is an improper delegation of the district court’s judicial authority.Renelyn Autista and James Picone agreed to share joint physical custody of their minor child. Thereafter, Bautista filed three motions seeking to modify the custody arrangement. The district court denied the motions and appointed a parenting coordinator to assist in mediating and resolving disputes concerning the minor child. As relevant to this appeal, the district court permitted the parenting coordinator to make substantive changes to the parents’ custody arrangement. Bautista subsequently filed another motion seeking to modify custody. The district court denied the request without conducting an evidentiary hearing. The Supreme Court reversed and remanded for further proceedings, holding that the district court abused its discretion by (1) granting the parenting coordinator authority to make substantive changes to the parenting plan, and (2) denying Bautista’s motion to change physical custody without conducting an evidentiary hearing. View "Bautista v. Picone" on Justia Law