Lay v. Lay
Lay v. Lay
Opinion
¶1 Brandon Christopher Lay and Corinna Nicole Lay, now Corinna Nicole Gustafson, divorced in 2008. The divorce decree awarded the parties joint legal and physical custody of their minor daughter (Child). Gustafson was designated as Child's primary physical caretaker, and Lay was granted six out of every fourteen overnights for parent-time. Around 2011, the parties informally agreed to a new parent-time schedule due to conflicts with Lay's work schedule and Child's need for more stability. Under their agreement, Lay would have Child only on alternating weekends, Friday night through Sunday night. Although Lay's scheduling conflict was eventually resolved, the parties continued to operate under the revised parent-time schedule for approximately five years.
¶2 In 2015, the parties-for different reasons-each asked the district court to modify the divorce decree. The district court ordered that the parent-time schedule originally established in the divorce decree be followed during the summer months. For the school year, the court ordered that Lay would have Child only on alternating weekends but that his parent-time "should be Friday and Saturday nights only, not Sunday nights, to better accommodate school attendance."
¶3 Lay appeals, raising two main challenges. First, Lay contends that the district court misinterpreted the statute that provides for increased parent-time for the noncustodial parent and erred by not adopting the optional schedule described in that statute. Second, Lay contends that the district court exceeded its discretion and made legally inadequate findings regarding its decision to grant him "only alternating Friday and Saturday overnights during the school year instead of alternating Friday, Saturday, and Sunday overnights" and its decision to deny him midweek parent-time during the school year. We affirm with respect to Lay's first contention, but because we agree with Lay that the district court's findings are inadequately detailed, we remand for further proceedings.
STANDARDS OF REVIEW
¶4 We generally will not disturb the district court's parent-time determination absent a showing that the court has abused its discretion.
See
Wight v. Wight
,
ANALYSIS
I. The Statutory Optional Parent-Time Schedule
¶5 Lay first contends that the district court misinterpreted Utah Code section 30-3-35.1, which sets forth an optional parent-time schedule that provides more parent-time for the noncustodial parent than the default minimum amount. According to Lay, he satisfied his evidentiary burden under that statute, and the district court was therefore required to adopt that statute's optional parent-time schedule. 1
¶6 Each divorced parent "is entitled to and responsible for frequent, meaningful, and continuing access with the parent's child consistent with the child's best interests."
¶7 The Utah Code also provides an alternative statutory parent-time schedule for children between five and eighteen years old. Enacted in 2015, Utah Code section 30-3-35.1 describes an "optional" increased parent-time schedule.
¶8 The statute directs that "[t]he parents and the court
may consider
" the increased parent-time schedule under section 30-3-35.1"as a minimum" in two circumstances: when "the parties agree," or when "the noncustodial parent can demonstrate" the existence of certain factors.
(a) the noncustodial parent has been actively involved in the child's life;
(b) the parties are able to communicate effectively regarding the child, or the noncustodial parent has a plan to accomplish effective communications regarding the child;
(c) the noncustodial parent has the ability to facilitate the increased parent-time;
(d) the increased parent-time would be in the best interest of the child; and
(e) any other factor the court considers relevant.
Id .
¶9 Lay contends that, if a noncustodial parent successfully demonstrates that the factors listed in Utah Code section 30-3-35.1(2) are present, then the parent-time schedule in that section "becom[es] the minimum amount of parent time that a trial court may award to the noncustodial parent." Specifically, he asserts that once the noncustodial parent makes the required showing, the district court must order the parent-time schedule laid out in section 30-3-35.1. Lay acknowledges the statute provides that the court "may consider" the increased parent-time schedule upon such a showing, but he asserts that "[t]he word may in the statute should be construed ... as shall ." We disagree.
¶10 "When we interpret statutes, our primary objective is to ascertain the intent of the legislature."
Scott v. Scott
,
¶11 Section 30-3-35.1 states, "The parents and the court
may consider
the following increased parent-time schedule as a minimum when the parties agree or the noncustodial parent can demonstrate [certain factors]...."
¶12 The Utah Code defines the meaning of the words "may" and "shall." " 'May' means that an action is authorized or permissive."
¶13 Here, section 30-3-35.1's use of the term "may," rather than "shall," indicates that, provided the parties agree or the noncustodial parent makes the required showing, the district court is authorized, but not required, to consider the optional increased parent-time schedule as described in the statute. Stated differently, the noncustodial parent's demonstration of the enumerated factors gives the court the discretion to consider the increased parent-time schedule, but there is no language in the statute making the court's consideration of that schedule-much less its adoption-mandatory. Indeed, the statute describes the parent-time schedule at issue as the "
optional
parent-time schedule."
"the power or right to choose," or "something that may be chosen").
¶14 Notwithstanding the statute's plain language, Lay effectively invites us to construe the phrase "may consider" as "shall adopt." Lay argues that treating section 30-3-35.1"as merely permissive instead of required would lead to absurd results and would render [the statute], in its entirety, superfluous." In other words, he suggests that unless we interpret section 30-3-35.1 as mandating the adoption of the increased parent-time schedule under certain circumstances, the statute is rendered superfluous and therefore absurd. We are not persuaded.
¶15 The absurdity doctrine applies "to reform unambiguous statutory language where applying the plain language leads to results so overwhelmingly absurd no rational legislator could have intended them."
2
Utley v. Mill Man Steel, Inc.
,
¶16 Section 30-3-35.1 is not rendered absurd by interpreting it as reserving in the district court the discretion of whether to consider ordering the increased parent-time. After all, district courts are generally afforded "broad discretion" to establish parent-time.
See
Tobler v. Tobler
,
¶17 For these reasons, we conclude that the plain language of section 30-3-35.1 gives the court discretion to consider, under appropriate circumstances, ordering parent-time above the minimum set in section 30-3-35, and we reject Lay's contention that the district court here was required to grant him increased parent-time pursuant to section 30-3-35.1.
II. The District Court's Parent-Time Order
¶18 Lay next challenges the district court's decisions granting him "only alternating Friday and Saturday overnights" and denying him midweek parent-time during the school year. He raises two contentions in support. First, he contends that the court exceeded its discretion. Second, he contends that the court made legally inadequate findings. Because we agree with Lay on his second contention, we do not reach the first. 3
¶19 The district court's factual findings "are adequate only if they are sufficiently detailed and include enough subsidiary facts to disclose the steps by which the ultimate conclusion on each factual issue was reached."
Rayner v. Rayner
,
¶20 In reviewing the legal adequacy of the district court's findings, we also bear in mind that the Utah Code requires that, in ordering parent-time, the court "shall enter the reasons underlying its order."
¶21 Lay contends that the district court's factual findings were legally inadequate to support its decisions regarding both the weekend overnights schedule and his request for midweek parent-time. With regard to the weekend overnights schedule, Lay asserts that the district court's findings did not adequately explain its decision to grant him parent-time "only alternating Friday and Saturday overnights during the school year but not Sunday overnights," when Child "had been thriving under a schedule with Sunday overnights." Lay concedes that "the district court mentioned the accommodation of school attendance as a justification," but he asserts that "there are no findings about a need to better accommodate [Child's] school attendance." With regard to midweek parent-time, Lay contends that "the district court's decision not to allow the midweek visits required by the minimum parent time statute is supported by inadequate findings." To buttress this position, Lay asserts that the "statutory minimum schedule requires midweek visits," that he had regularly exercised his midweek parent-time by spending lunchtime with Child, and that "this case [does] not fall under any of the exceptions to the statutory minimum schedule."
¶22 The district court made the following findings regarding the parent-time schedules that the parties had followed since their divorce. The parties' divorce decree was entered when Child was under the age of three and provided that, in a two-week period, Lay would have Child for six overnights and that Gustafson would have eight overnights. In 2011, after Child finished kindergarten, the parties informally agreed to change the parent-time schedule such that Lay would not have midweek parent-time and instead would have parent-time with Child only every other weekend from Friday night through Monday morning, amounting to three overnights during every two-week period. This informal agreement was driven by Lay's work schedule and by Child's need for stability given that "the number of transfers between parents [had] interfered with [her] well being." With rare exceptions, the parties lived by this parent-time schedule, even during the summers, for five years. The parties cooperated well under that agreement until shortly before the parties petitioned to modify the decree.
¶23 The court also made findings related to Child's schooling. Child attends a school roughly equidistant from Lay's and Gustafson's residences. Gustafson takes Child to school and has a work schedule that "allows greater flexibility as to getting [Child] to and from school than does [Lay]." In 2014 and 2015, Lay regularly would have lunch with Child during recess. At school, Child has shown that she is "doing better" and "getting more used to transition[s]."
¶24 As for Child's overall well-being, the district court found that she is "well adjusted and happy and doing well, and doing better as she gets older." Although she "still demands lots of structure and routine," Child's behavior is "getting better," and Child responds better to changes when she is given advance notice and explanation. On the whole, Child is "making good progress," "getting more resilient," and is "more content now."
¶25 Ultimately, the district court modified the parent-time schedule. Although the parties had operated under a schedule for the past five years where Lay had parent-time every other weekend, Friday through Sunday nights, the court ordered that, for the non-school months, Lay's parent-time would remain as under the divorce decree, that is, Lay would have six overnights and Gustafson would have eight overnights in each two-week period. During the school year, however, the court ordered that Lay would have only two overnights on alternating weekends. The court explained that Lay's parent-time every other weekend "should be Friday and Saturday nights only, not Sunday nights, to better accommodate school attendance, with a return of [Child] by [Lay] to [Gustafson] on Sunday evening at 7:00 pm during school months."
¶26 We agree with Lay that the district court's findings were not sufficiently detailed "to disclose the steps" the court took to reach its ultimate conclusion to adjust Lay's alternating weekend parent-time from three overnights to two overnights.
See
Rayner v. Rayner
,
¶27 We thus conclude that the district court's factual findings fail to support its conclusion that Sunday overnights with Lay did not accommodate Child's school attendance at least as well as Sunday overnights with Gustafson. Moreover, at oral argument before this court, Gustafson could not identify any specific findings or record evidence that could support the court's decision that Child spending Sunday nights with Gustafson better accommodated Child's school attendance; thus, we cannot conclude that the court impliedly relied on any particular evidence to so conclude.
4
See generally
Fish v. Fish
,
¶28 Our conclusion in this regard also leads us to agree with Lay that the district court's findings were inadequate to disclose the steps by which the court reached its ultimate conclusion that Lay was not entitled to midweek parent-time during the school year. It is possible that the district court so concluded because Lay did not have midweek parent-time under the existing schedule or because the court did not want to increase the number of Child's transfers in light of her need for stability. But the court did not provide any such explanation. And given that the court ordered a change to the existing schedule for Sunday nights-a change that is inconsistent with its finding that Child was "doing well" under that schedule-we are unable to simply infer the court's reasoning or its evidentiary basis for denying midweek parent-time. Accordingly, we conclude that the district court's decisions to adjust Lay's weekend parent-time and to deny him midweek parent-time are not supported by adequate findings.
CONCLUSION
¶29 The district court did not err in declining to adopt Lay's proposed interpretation of the statute providing for an optional parent-time schedule. The district court's factual findings, however, do not contain sufficient detail for us to ensure that its discretionary determination regarding the parent-time schedule was rationally based. Accordingly, we remand this case with the instruction that the district court make additional findings with respect to (1) whether Lay's weekend parent-time during the school year should include a Sunday overnight and (2) whether Lay should have midweek parent-time during the school year.
In the alternative, Lay contends that the court should have adopted the parent-time schedule under Utah Code section 30-3-35.1 because it is in Child's best interest. As we discuss below, infra ¶¶26-28, the court's findings are not adequately detailed to permit meaningful appellate review. It is therefore premature for us to consider a challenge to the district court's assessment of Child's best interest.
Lay also alternatively contends that the district court's factual findings related to section 30-3-35.1 are "wholly insufficient" and provide "no explanation" for its decision not to implement the schedule under that section. While we observe that district courts "are not required ... to discuss all aspects of a case that might support a contrary ruling,"
Shuman v. Shuman
,
In arguing that our interpretation would lead to absurd results, Lay also invokes the absurd consequences canon, an interpretive canon that shares some similarity with the absurdity doctrine but that applies under different circumstances.
See
Utley v. Mill Man Steel, Inc.
,
Lay also contends that, regardless of whether the court abused its discretion or the findings are inadequate, the court's decision was not in Child's best interest. As with Lay's alternative argument about Child's best interest in connection with section 30-3-35.1, supra note 1, our consideration of Child's best interest at this juncture is premature.
In fact, Gustafson told this court that she would "almost welcome a remand" for the district court to elucidate its thinking.
Reference
- Full Case Name
- Brandon Christopher LAY, Appellant, v. Corinna Nicole LAY, Appellee.
- Cited By
- 12 cases
- Status
- Published