Peyton v. Kringlie
Appellant, Sarah Kringlie, is the mother of two children, Austin, born in 2000, and Adrian, born in 2002. Respondent, Andrew Peyton, is Austin's father and respondent, Aaron Crisp, is Adrian's father. The children were primarily cared for by Sarah and her mother, Rebecca Kringlie, until 2008. At that time, the trial court removed the children from Sarah's custody and ultimately placed them with their respective fathers. The court ordered that the parents would share joint legal custody with primary physical custody with the fathers. Sarah was to have a graduated timeshare to be increased over time.
However, in 2009, orders to show cause to modify Sarah's visitation were filed by Peyton and the minors' counsel. Following the September 2009 hearing, the court ordered that the fathers were to have legal and physical custody of their respective child and that Sarah's visitation be limited to therapeutic reunification. Any additional supervised visitation was to be decided between the parties by stipulation.
Sarah contends that the trial court abused its discretion in making these orders and therefore they should be reversed. According to Sarah, the evidence does not support the change in custody and visitation rights. Sarah further argues that the trial judge demonstrated bias against her and thus the matter should be assigned to another judicial officer.
As discussed below, Sarah is correct. Therefore, the order will be reversed and on remand, the case will be assigned to another judicial officer.
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