1 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 42588

KRISSY M. LAMONT,

Plaintiff

- Respondent ,

v. MATTHEW J. LAMONT,

Defendant

- Appellant

.

_____________________________________ ) ) ) ) ) ) ) ) ) ) Boise, March 2015 Term
2015 Opinion No. 40

Filed: April 21, 2014
Stephen W. Kenyon, Clerk

Appeal from the Magistrate Court of the Seventh Judicial District of the State of Idaho, Lemhi County. Hon. Stephen J. Clark, Magistrate Judge.
The order of the magistrate court is affirmed . Attorney’s fees and costs on appeal to respondent.
Law Office of Joshua A. Garner, PLLC, Rexburg, attorneys for appellant. Joshua A

. Garner argued.

Snook Law Office, Salmon
, and Brady Law, Chtd., Boise, attorneys for respondent. Chip D. Giles argued.

________________________ W. JONES, Justice
I. N ATURE OF THE C ASE This expedited, permissive appeal presents a child custody dispute. Appellant Matthew Lamont and Respondent Krissy Lamont were marri ed and have two minor children. After the divorce, Krissy was granted primary physical custody of the children
, and u ntil recently Krissy
and Matthew resided in Salmon, Idaho. In June of 2014, however, Matthew learned that Krissy planned to relocate with the children to Meridian, Idaho. He filed a petition in magistrate court to modify the divorce decree to obtain primary physical custody of the children

. Krissy filed a2 cross

- petit ion to relocate the children to Meridian

. After a hearing , the magistrate court denied
Matthew’s motion and granted Krissy’s motion . Matthew appeals to this Court. We affirm.
II. F ACTUAL AND P ROCEDURAL B ACKGROUND On May 29, 2009, Krissy and Matthew divorced. Krissy and Matthew h ave two minor
children : T.L. and M.L., who were thirteen years old and eleven years old , respectively, at the time of the magistrate court’s decision. Krissy was granted primary physical custody of the
children after the divorce
, and Matthew had visitation consis ting of six overnights every other
week and “a two week block” in the summer

. Under this visitation schedule, the children spent approximately sixty percent of their time with Krissy and forty percent of their time with
Matthew. The visitation schedule was based on Krissy and Matthew both residing in the Salmon

area. 1 On June 18, 2014, Matthew filed a petition for mo dification of the child custody order

. Matthew alleged that Krissy intended to relocate the children f rom Salmon

. He requested that the magistr ate court grant him primary physical custody of the children. On June 27, 2014, Krissy

answe red and filed a counter

- petition for modification, seeking to relocate the children from
Salmon to Meridian and to modify Matthew’s visitation schedule based on the relocation. On August 13, 2014, the magistrate court held a hearing on Krissy ’s and Matthew’s motions to modify child custody wherein both parties presented evidence

. On August 2 8 , 2014, the magistrate court issued its findings of fact and conclusions of
law

. Ultimately, the magistrate court concluded that it was in the best interests of the children to allow the relocation. The magistrate court granted Krissy’s motion to relocate and denied
Matthew’s motion. T he magistrate court ordered that Matthew w as entitled to visitation at least
once a month for a minimum of three days. The magistrate court explained that the visit s would
occur on extended holidays or school breaks, and the magistrate court outlined the specific dates
in its decision

. I f there wa s no holiday or break that month
, the magistrate court ordered that the visit would begin on Thursday evening and end at noon on Sunday. The magistrate court recognized : “[T]he scheme would mean that the children would miss a day of school. But the
alterna tive is a series of weekend visits where 10 hours of each visit would be eaten up by transportation.” The magistrate court also ordered that Matt hew would have the children in the

1 Before this visitation schedule, the parties had other issues with the divorce decree and had returned to court multiple times.3 summer, starting two weeks after school ended until two weeks before school started. On August 28, 2014, the magist rate court issued an order granting Krissy’s motion.
Matthew filed a motion for a permissive appeal pursuant to Idaho Appellate Rule (I.A.R.)
12.1

. On September 26, 2014, the magistrate court denied Matthew’s motion

. On November 7, 2014, the Court granted Matthew’s request for a permissive appeal and expedited the appeal.
III. I SSUES ON A PPEAL 1. Whether the magistrate court abused its discretion by denying Matthew’s motion for primary physical custody and allowing Krissy to relocate with the children.
2. Whether either party is entitled to attorney’s fees on appeal.
IV. S TANDARD OF R EVIEW This is a permissive appeal under [I.A.R

. ] 12.1, and as such, the Cou rt reviews the magistrate judge’ s decision without the benefit of a district court appellate decision. Roberts v. Roberts , 138 Idaho 401, 403, 64 P.3d 327, 329 (2003). A trial court’s child custody decision will not be overturned absent an abuse of discretion. Id. A trial court does not abuse its discretion as long a s the court “recognizes the issue as one of discretion, acts within the outer limits of its discretion and consistently with the legal standards applicable to the available choices, and reaches its decision through an exercise of reason.” Id. When the tria l court’s decisions affect children, the best interests of the child is the primary consideration. Id. at 403

– 04, 64 P.3d at 329

– 30. Suter v. Biggers , 157 Idaho 542, 545

– 46, 337 P.3d 1271, 1274

– 75 (2014).
“An abuse of discretion occurs when the evidence is insuffic ient to support a magistrate’ s conclusion that the interests and welfare of the children would be best served by a particular custody award or modification.” Nelson v. Nelson , 144 Idaho 710, 713, 170 P.3d 3 75, 378 (2007). When reviewing the mag istrate court’ s findings of fact, this Court “will not set aside the findings on appeal unless they are clearly erroneous such that they are not based upon substantial and competent evidence.” Id. Even if the evidence is conflicting, findings of fact based on substantial evidence will not be overturned on appeal. Id.
Peterson v. Peterson , 153 Idaho 318, 320

– 21, 281 P.3d 1096, 1098

– 99 (2012) (citation omitted)

. V. A NALYSIS A. T he magistrate court had substantial and competent evidence to support its findings of fact. Matthew challenges four factual findings by the magistrate court as lacking substantial and competent evidence. We hold that the magistrate court had substantial and competent evidence for its findings of fact.
1. The children’s preference to live w ith Krissy4 First, Matthew challenges the magistrate court’s finding s on the wishes of the children. The magistrate court fou nd: “the interview with [Ann Just of Family Court Services] shows the children to be struggling with the issue of where to live. The y are however united in desiring to live primarily with their mother with frequent visitation with Mr. Lamont.” Based on our review of Just’s report, the magistrate court’s findings are supported by substantial and competent
evidenc e. More importantly, the magistrate court ’s written and oral statements show that the magistrate court did not perceive its finding on the children’s wishes as an unequivocal factor in favor of relocation. The magistrate court found that the children were “struggling with the iss ue of where to live.” Further, t he magistrate court stated at the hearing that it did not see the children’s desire to live with Krissy “as a ‘yes’ or no,’” but rather “sort of somewhere in the gray, on a continuum.” The magistrate court also stated that i t would be “weighing that out ” along with the other relevant factors

. We conclude that the magistrate court’s findings on the wishes of the children were not clearly erroneous.
2. Krissy is a superior parent Second, Matthew challenges the magistrate court’s finding: “The mother is a superior parent and has been the primary caregiver, although that gap has diminished during the years.” We believe that Matthew misreads the magistrate court’s finding. The magistrate court did not find that Krissy w as “the” super ior parent, as represented by Matthew. Both Krissy and Matthew submitted evidence of their parenting skills, on which the magistrate court made factual findings supported by substantial and competent evidence. The magistrate court clearly stated on the bas is of evidence presented by Krissy and her witnesses and Matthew and his witnesses that both parents were fit and exhibited excellent parenting skills. The magistrate court found that Krissy was a superior parent and the primary caregiver, but also that Ma tthew “has a good relationship with the children” and that the parties “have been virtually sharing the care of the children.” Specifically, the magistrate court found that Matthew “supports the children in their activities.” The magistrate court based its findings regarding both parents and their close, supporting parental relationship to the children on substantial and competent evidence. Thus, the magistrate court’s characterization of Krissy as “a superior parent” does not imply that the magistrate cour t found that Krissy was the superior parent. This finding does not indicate that Krissy was the better parent, that Matthew was the inferior parent, or that the magistrate court was comparing5 their parenting abilities. The argument submitted by Matthew to challenge this finding is misleading. There was no error.
3. The Salmon School District ’s poor financial condition Third, Matthew challenges t he magistrate court ’s finding : “In relying upon the current state of the schooling in Salmon, along with the other factors noted above, the Court can
conclude that it is in the best interest s of the children to allow the relocation. ” Matthew argues that the magistrate court erred by relying on “the current state of the schooling” because the evidence did not support a finding that the Salmon School District was “underfunded and in
flux.”
The magistrate court had substantial and competent evidence for its findings on the Salmon School District. Jim Smith, the part

- time school superintendent, agreed that one of the

reas ons he was hired was “related to a negative budget issue.” He testified that “financially the
district was in trouble.” Smith also testified that there was no doubt that he would have to make budget reductions, which w ere “almost always people.” James Robe rt Infanger previously served on the school board for six years, and he testified about the state of the school district as well. He
testified that “our district’s underfunded.” He explained that they close d down one school when
he was on the board and the y recently closed down the junior high school. With the close of the junior high school, Infanger also explained that the school district had only one gym for six
teams. He also testified: What I really feel bad about is, the kids in Salmon don’t have a lo t of opportunities. . . . [M] y wife and I considered moving from Salmon . . . just because the kids in the community don’t really have the same opportunities as the kids outside of Salmon. There’s so many more programs, so many more sports programs. He further elaborated that other school districts “just have so many more opportunities that our poor little district just doesn’t have. We just don’t have the money to provide the sa me educational opportunities.” In addition, Krissy’s former coworker in the school district testified
that the electives offered by the school were limited and the student s had to pay fo r additional
electives online. Finally, Krissy discussed the opportunities for the children in the Meridian
School District. She also briefly disc ussed the consolidation of the Salmon schools , the Salmon schools’ low ratings, and the lack of staff. Based on this testimony, the magistrate court made multiple findings regarding the Salmon School District. The magistrate court found:6 [T]he Salmon Sch ool District does have financial issues. The Court cannot disregard the testimony of the superintendent of the Salmon Schools who painted a different picture of the school system. He acknowledged it to be underfunded and in flux. A former Salmon School Dis trict Board Member, Mr. Infanger, considered moving from the area because of the quality of the schools. . . . Never the less [sic], the educational needs of the children have been met. The children do not have any ongoing special needs and as a result the school although challenged appears to be functioning. The magistrate court also found that the quality of schooling in Salmon was adequate, but there were more opportuni ties for electives, sports, and extracurricular activities in the Meridian school sy stem. The magistrate court recognized that it “has concerns about the future” of the Salmon schools due to “ongoing financial issues.” The magistrate court stated: “The Salmon School District, while meeting the needs of the children, does not have the opti ons which the Meridian School District provides. Given the testimony of the superintendent, as well as Mr. Infanger the former Board member, it does not appear to be getting any better.” The magistrate
court then considered “the current state of the school ing in Salmon,” among other factors, to
determine the children’s best interest s . Based on the testimony discussed above, the magistrate court had substantial and competent evidence to support its findings on the Salmon School
District. Further, Matthew su bmits that the magistrate court’s decision was “confusing and appears contradictory” because the magistrate court also found that the comparison of Salmon
and Meridian was neutral. We disagree. A review of th e magistrate court’s findings shows that the mag istrate court separated its analysis of (1) the children’s educational opportunities in the
two school districts and (2) the children’s general well

- being in the two locations. Matthew’s argument regarding these factual finding s is unconvincing.
4. Krissy’s lack of employment opportunities in Salmon Fourth, Matthew challenges the magistrate court’s multiple finding s regarding Krissy’s possible employment opportunities in Salmon. The magistrate court found that Krissy’s income
from her new job with Meridian Sc hool District was “above that which she would have been ab le
to secure in the Salmon area ” and “provides enhanced income opportunities . . . that cannot b e matched in the Salmon area.” The magistrate court also found, “The move to Meridian not only gives M s. Lamont financial opportunity and the ability to more successfully care for her children, but should she remain in Salmon finances would pose a substantial hardship. Financially, there is both a pull towards Meridian and a push from Salmon.” In its concl usion, the magistrate court7 found, “For the mother the financial move makes sense not only because of the positive aspects of her job, but the negative job factors in Salmon.”
The magistrate court’s findi ngs were not clearly erroneous. Krissy testified th at she applied for her current job with the Meridian School District because she knew “ there were going to have to be cuts” in the Salmon School D istrict. She earned $18.27 per hour with the Meridian School District plus benefits such as health insurance, life insurance, and retirement. Krissy stated that to her knowledge there were no jobs available in Salmon with a wage of eighteen dollars an hour plus benefits. She further testified that she can “help” her children “more financially now” with her new jo b. Prior to her employment with the Meridian School District, Krissy worked full

- time as an administrative assistant, support clerk, and federal programs director/coordinator for the Salmon
School District with a wage between eleven and twelve dollars an h our plus health insurance

. S uperintendent Smith testified that he viewed Krissy’s position in the Salmon School District as possibly “an excessive position” and identified it for possible reduction. He also testified that if Krissy remained employed with t he Salmon School District, there would have been a significant salary reduction and “possibly worse.” He posited that her hourly wage would have b een reduced
to nine dollars an hour and her time cut in half to twenty hours a week. Smith also explained that there was no possibility that Krissy could have stayed on with the Salmon School District with the same income as before the budget cuts. Further, he testified that no one had been hired to replace Krissy yet and other employees had taken on Krissy’s job responsibilities for the time being

. Krissy also explained: “[O]bviously there were going to be financial cutbacks in our family. I don’t feel I could have raised them making $9 an hour at 20 hours a week, and pay my rent and take care of them.” She recognized
, however, that s he did not apply for any other jobs in the Salmon area. She checked with the local hospital after her offer to work in Meridian , but there were no job openings. Based on evidence
in the record , the magistrate court had substanti al and competent evidence for its findings on Krissy’s lack of employment opportunities and likelihood of financial hardship in Salmon.
B. The magistrate court did not abuse its discretion by allowing Krissy to relocate with the children to Meridian

. Matthew argues that the magistrate court’s decision to allow relocation ignored the preference for joint custody. He submits that Krissy failed to present sufficient evidence to rebut the presumption of joint custody and to show that relocation was in the children’s best interest s

.8 Specifically, Matthew explains that he now has only forty overnights with the children during the school year , compared to 121 overnights prior to the new visitation schedule. He contends that Krissy failed to present sufficient evidence to “demonstrate that this drastic shift in custody was in the children’s best interest.” He further contends that allowing the children to remain in Salmon is preferable because Krissy would have no less than six overnights with the children
each month due to the Salmon schools’ four

- day school week.

“ A party seeking to modify a previously existing custody order must first demonstrate that a material, substantial change in circumstances occurred s ince the earlier custody order. A
court then will de termine custody and where the children will reside using the best interests of the child standard” provided in Idaho Code section 32

- 717. Suter v. Biggers , 157 Idaho 542, 546, 337 P.3d 1271, 1275 (2014) (citation omitted). In this case, Matthew does not ch allenge the magistrate court’s finding that a material, substantial change in circumstances occurr ed due to Krissy’s relocation.
“Idaho Code § 32

- 717 provides a directive for the trial court to determine the best interest
of the children when making a custody decision. The statute sets forth non

- exclusive factors to aid in making its determination. ” Hoskinson v. Hoskinson , 139 Idaho 448, 454, 80 P.3d 1049, 1055 (2003) (citation omitted). Idaho Code section 32

- 717 states in this respect: ( 1) In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider al l relevant factors which may include: (a) The wishes of the child’s parent or parents as to his or her custody; (b) The wishes of the child as to his or her custodian; (c) The interaction and interrelationship of the child with his or her parent or par ents, and his or her siblings; (d) The child’s adjustment to his or her home, school, and community; (e) The character and circumstances of all individuals involved; (f) The need to promote continuity and stability in the life of the child; and (g) Dom estic violence as defined in section 39

- 6303, Idaho Code, whether or not in the presence of the child. I.C. § 32

- 717(1). “This list of factors is not exhaustive or mandatory and courts are free to
consider other factors that may be relevant.” Peterson v . Peterson , 153 Idaho 318, 322, 281 P.3d 1096, 1100 (2012) (quoting Bartosz v. Jones , 146 Idaho 449, 454, 197 P.3d 310, 315 (2008 ) ). For relocation cases specifically, the Court has recognize d:9 [I] t would not be particularly helpful for this Court to enu nciate a laundry list of factors that could or should be considered in this type of case. Factors relevant in some relocation cases may be irrelevant in others and, under the current framework, trial courts are free to consider factors unique to each case. Bartosz , 146 Idaho at 456, 197 P.3d at 317. “Courts may consider factors not enumerated in
section 32

- 717 ” to determine whether relocation is in the best interests of the children. Id. at 455,
197 P.3d at 316.

“ Under Idaho law, unless one parent is a habitual perpetrator of domestic violence, it is presumed that an award of joint custody serves a child’ s best interest. ” Id. at 456, 197 P.3d at 317 (citing I.C. § 32

- 717B(1), (4)

– (5) ). “ The presumption may be overc ome by a preponderance
of the evidence. ” Id. at 456 n.5, 197 P.3d at 317 n. 5 (citing I.C. § 32

- 717B(4) )

. “ The presumption in favor of joint custody is not equivalent to a presumption against a custodial parent relocating
with a child.” Id. at 456, 197 P.3d at 317. “ Idaho law does not impose a presumption against
relocation. ” Peterson , 153 Idaho at 324, 281 P.3d at 1102. “ [T] he best interest of the child standard governs relocat ion decisions.” Bartosz , 146 Idaho at 456, 197 P.3d at 317. “A p arent’ s move is only one factor to be considered when awarding custody .” Id. at 457, 197 P.3d at 318. Generally, “[t] he party seeking modification has the burden of justifying a change in custody.” Suter , 157 Idaho at 546, 337 P.3d at 1275 (quoting Woods v. Sanders , 150 Idaho 53, 57, 244 P.3d 197, 201 (2010)) . That burden shifts to the relocating party, however, when relocating the child would violate the previous custody arrangement. Id. at 547, 337 P.3d at
1276. “ Once the parent seeking permission to rel ocate proves that relocation is in the child’ s best interest, he or she will be allowed to move with the child. ” Bartosz , 146 Idaho at 456

– 57, 197
P.3d at 317

– 18. In this case, the magistrate court first discussed in great detail t he evidence pre sented at the hearing

. The magistrate court outlined Krissy’s employment, parenting skills, and relationship with the children. The magistrate court reviewed the advantages and disadvantages to living in Meridian. The magistrate court discussed Matthew’s family env ironment with Jennifer, Matthew’s and Jennifer’s employment, Matthew’s parenting skills, and his relationship with the children. The magistrate court then reviewed the advantages and disadvantages to living in Salmon. Finally, the magistrate court made fin dings on the wishes of the children and
miscellaneous matters. We recognize that the magistrate court’s factual findings were extensive
and thorough.10 After these comprehensive findings, the magistrate court considered the statu tory factors
in Idaho Code section 32

- 717(1) and the relevant non

- statutory factors

. The magistrate court
stated that the following statutory factors were in favor of the relocation: (1) The wishes of the mother; (2) The wishes of the children to remain with Krissy; (3) The interaction or relationship of the children with their mother as the primary caregiver and her “lauded” parenting skills; (4) “The character and circumstances of all individuals involved is essentially neutral. Both are stable and can provide an adequate home for the children to meet their physical needs. Both parents have been involved in extracurricular activities and the children have bonded with their parents ” ; (5) Although the children’s needs were taken care of in the Salmon scho ols, there were more opportunities for electives, sports, and extracurricular activitie s in the Meridian School system. The ongoing financial issues could negatively impact the Salmon School District; (6) No issue of domestic violence; and (7) Krissy had more financial opportunity in Meridian to better care for her children and remaining in Salmon “would pose a substantial hardship.” Conversely, the magistrate cour t stated that the following statutory factors were in favor of Krissy remaining in Salmon or transferring custody to Matthew: (1) Considering that the children lived in Salmon all their lives and have flourished in the area, “the need to promote continuity to the children argues for primary physical custody to be with Mr. Lamont/Salmon area”; ( 2) The children have family and friends in Salmon and were integrated into the community. There was only a paternal aunt and family friend in Meridian; (3) The wishes of the father to raise children in Salmon; and (4) “Both parents have demonstrated stabil ity, but Mr. Lamont is now married to a woman who has a good relationship with the children of the parties. Ms. Lamont has had at least one romantic relationship, but that does not impact her stability. ” The magistrate court then turned to non

- statutory factors. The magistrate court first considered the reason for relocation, recognizing that a financial reason was a relevant factor, but that reason alone may not justify moving the children. The magistrate court acknowledged that
the children were in the ir early teen years, where “peers hold great importance,” and had
established friends in Salmon. The magistrate court also recognized that the children were old enough to “be able to adapt to the changes in social milieu as well as any cultural changes fro m

rur al to a more urban lifestyle.” The magistrate court took note that Krissy “unilaterally” decided that the children would go with her to Meridian without considering other matters

. Along the same lines, the magistrate court noted that Krissy wanted t he children to maintain contact with Matthew, but she indicated11 that she was “the ultimate decision maker.” The magistrate court determined that Krissy’s belief that she could act unilaterally to determine where the children would live “is to be held again st her.” The magistrate court then recognized that child support would be dependent on the parties’ respective locations and that it could not “bind one parent to a particular locale.” Finally, the

m agistrate court considered the different lifestyles avail able in Salmon and Meridian. The magistrate court found that both urban and rural life had advantages and disadvantages and were
“in essence neutral.” Due to the pros and cons of both urban and rural li fe, the magistrate court
reasoned : “Many factors are essentially neutral as there is no inherent advantage in an urban lifestyle over that of a more rural nature.”
The magistrate court’s thorough discu ssion of its factual findings and the relevant factors
indicates that the magistrate c ourt was cognizant of the difficulty of its decisio n in this particular

case. In fa ct, the magistrate court explicitly stated, “[T]hese are not easy decisions. . . . T his is a very close decision and neither party is a clear victor.” The magistrate court a lso stated that it had “changed and altered its decision several times before se ttling on a course of action.” The
detailed d iscussion provided by the magistrate court indicates that the magistrate court carefully and thoughtfully weighed the relevant fact ors within the applicable legal framework . We believe that the magistrate court made an exceptional effort in this case to reach a decision in the best
interests of the children.
W e conclude that the magistrate court applied the correct legal standards to its analysis. The magistrate court recognized that Krissy, the relocating parent, had the burden to prove the
relocation was in the best interests of the children. The magistrate court also recognized the presumption in favor of joint custody. There was no error in the magistrate court’s identification and application of the appropriate legal standards.
We also conclude that t he magistrate court’s decision, although a very close call, was a proper exercise of its discretion in a child custody matter. A s reviewed above, t he magistrate

court made extensive factual findings supported by subs tantial and competent evidence. The magistrate court then provided a comprehensive discussion of the relevant factors and the legal
standards

. Based on our review of th e magistrate court’s decision, t he magistrate court recognized the child custody issue as one of discretion, acted with the outer limits of that discretion and consistent with the legal standards

— including the best interest s of the children as of paramount importance

— and reached its decision through an exercise of reason. We conclude12 that the magistrate court d id not abuse its discretion by finding that relocation was in the best
interests of the children. Further, we hold t hat the magistrate court ’s new child custody order was a proper exercise of discretion. “[E] qual visitation or residency time is not required for joint custody. ”
State v. Anderson , 154 Idaho 54, 56, 294 P.3d 180, 182 (2013) (citing Peterson , 153 Idaho at
3 21, 281 P.3d at 1099). Joint physical custody shall be shared by the parents in such a way to assure the child a frequent and continuing contact with both parents but does not necessarily mean the child’ s time with each parent should be exactly the same in length nor does it necessarily mean the child should be alternating back and forth over certain periods of time between each parent. The actual amount of time with each parent shall be determined by the court. I.C. § 32

- 717(B)(2). The Court has recognize d: [ I ] t is not unusual for the courts of Idaho to grant one parent the right to have child custody for one or two months during the year while the other parent is given custody for th e remaining months of the year . . . where the welfare and best interest of the child require this. Bartosz , 146 Idaho at 456, 197 P.3d at 317 (omission in original) (quoting Koester v. Koester , 99 Idaho 654, 657, 586 P.2d 1370, 1373 (1978) ). “ It is the province of the trial court to determine
the amount of time the child spends with each parent.” Bartosz , 146 Idaho at 456, 197 P.3d at 317 (citing I.C. § 32

- 717B(2) )

. In this case, the new visitation schedule decreases Matthew’s visitation time during the
school year, but there is an increase in visitation during th e summer

. This increase of visitation in the summer indicates the magistrate court’s intent to afford Matthew frequent and continuing

contact while also considering the children’s welfare and best interests, which is of paramount importance. An increase in summer visitation, rather than visits every weekend during the school

year, minimizes any negative impact on the children’s lives due to ten hours of car travel every
weekend. By finding that relocation was in the children’s best interest s , the magistrate court properly exercised its discretion to determine of the amount of custodial time Krissy and
Matthew would have with the children. Finally, we reject Matthew’s argument that the magistrate court failed t o give appropriate weight to Krissy’s “alienatin g behavior.” It is the province of the trial court to give weight to the evidence, and “ this Court does not substitute its view of the facts for that of the trial court .” King13 v. King , 137 Idaho 438, 442, 50 P.3d 453, 457 (2002). The magistrate court discussed Krissy’s unilateral actions multiple times in its decision and stated that it would hold her conduct against
her. There was no error in the magistrate court’s consideration of Krissy’s unilateral action.
C. We award Krissy attorney’s fees on appeal

. Both parties request attorney’s fees on appeal. Matthew is not entitl ed to attorney’s fees on appeal because his argument is insufficient and, further, he is not the prevailing party. See I.C. §§ 12

- 120,

- 121; Clair v. Clair , 153 Idaho 278, 291, 281 P.3d 115, 128 (2012). Krissy requests attorney’s fees pursuant to I.A.R. 41 and Idaho Code sections 12

- 120 and
12

- 121. “ An award of attorney fees on appeal pursuant to I.C. § 12

- 121 is permitted for a prevailing party when the Court determines that an app eal was brought, pursued, or defended in a manner that was frivolous, unreasonable, or without foundation. ” Clair , 153 Idaho at 291, 281
P.3d at 128. Krissy submits that Matthew brought this appeal frivolously, unreasonably, or without foundation. We agree

. As we discussed above, child custody disputes are left to the
sound discret ion of the trial court, and the magistrate court here did an exceptional job of carefully and thoughtfully deciding this case within the applicable legal standards . We are not

con vinced that there are any genuine issues of law or legitimate issues of fact presented by this appeal. See Telford Lands LLC v. Cain , 154 Idaho 981, 993, 303 P.3d 1237, 1249 (2013). Therefore, we award Krissy attorney’s fees on appeal.
VI. C ONCLUSION We affirm the order of the magistrate court. Attorney ’s fees and costs on appeal to

r espondent. Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON, CONCUR.