Appellant based her petition on the fact of the move, on her belief that the child desired to live with appellant, and on an allegation that the child was not being adequately cared for and supervised in respondent's home. In a later memorandum, appellant further alleged that the facts of this case resembled those in Hogge v. Hogge, Utah, 649 P.2d 51 (1982), because at the time of the original decree she had been young, unemployed, and not fully capable of caring for the child, whereas at the time of the petition she was remarried and more mature and was living in a stable environment with her new husband and two children. After hearing testimony on the petition to modify, the trial court refused to change custody, but ordered a modification of the visitation arrangements to accommodate the move to Washington, expanding the summer visit to eight consecutive weeks and ordering a week's visit at Christmas or spring vacation.
Davis v. Davis, 749 P.2d 647, 648 (Utah 1988); Kishpaugh, 745 P.2d at 1253 n. 2. The trial court's articulate memorandum decision in this case indicates that it applied the legal standard for modifying child custody as set forth in Hogge v. Hogge, 649 P.2d 51 (Utah 1982), and clarified in Becker v. Becker, 694 P.2d 608 (Utah 1984). Hogge and Becker established a bifurcated test for reopening custody decrees: 1) the party seeking custody must prove that there has been a change in the circumstances upon which the previous custody award was based, which substantially and materially affects the custodial parent's parenting ability or the functioning of the custodial relationship; and 2) once a change has been shown, the transfer of custody must be in the best interests of the child.
ZIMMERMAN, Justice: Appellant Robert Kramer appeals from a denial of his petition to modify a child custody decree by granting him custody of his son. He claims that the trial court erred by refusing to consider the changes in his (the noncustodial parent's) circumstances in determining whether there had been a sufficient "change in circumstances" to warrant reconsidering the earlier custody award under Hogge v. Hogge, 649 P.2d 51 (Utah 1982). He also contends that the trial court erred in concluding that his ex-wife's circumstances, even considered alone, had not so changed as to satisfy Hogge and to warrant a reopening of the custody decree.
Theresa also contends that the trial court erred in ruling that there were "changed circumstances" that justified the change of custody. Hogge v. Hogge, 649 P.2d 51 (Utah 1982), is the leading, although not the first, authority in Utah on the changed-circumstances test. Hogge held that a parent seeking a change in custody of a child must first establish that there has been a substantial and material change in the circumstances upon which the original custody award was based, and second and thereafter, that a change in custody is in the best interests of the child.
Second, if such a change in circumstances is found, the court must determine de novo which custody arrangement will serve the best interests of the child. Utah, 649 P.2d 51 (1982).Id. at 54.
2010). In Hogge v. Hogge, 649 P.2d 51 (Utah 1982), we established a two-step approach for the resolution of motions to modify custody. Under Hogge, a court first must decide "whether there are changed circumstances warranting the exercise of the court's continuing jurisdiction to reconsider the custody award." Id. at 53.
During the initial step, the court may receive evidence only as to the nature and materiality of any changes in the circumstances on which the previous award was based. Utah, 649 P.2d 51 (1982).Id. at 54.
DISCUSSION Bifurcation Ms. Scott argues the trial court erred in not following the two-step bifurcated process required under Hogge v. Hogge, 649 P.2d 51 (Utah 1982), and Becker v. Becker, 694 P.2d 608 (Utah 1984), in considering Mr. Cummings's petition for a change in custody. She asserts that the trial court should have held separate hearings to first determine whether there had been a change of circumstances sufficient to reopen the custody issue, and if so, then in a subsequent or continued hearing, determine what would be in the best interests of the children.
¶23 To satisfy the first step, "the party seeking modification must demonstrate (1) that since the time of the previous decree, there have been changes in the circumstances upon which the previous award was based; and (2) that those changes are sufficiently substantial and material to justify reopening the question of custody." Hogge v. Hogge, 649 P.2d 51, 54 (Utah 1982). "Only if circumstances have materially and substantially changed may the court proceed to the second step-a determination as to the manner in which custody should be modified, if at all, based on a de novo review of the child's best interests.
¶24 Once the district court makes an initial custody determination, it "has continuing jurisdiction ... and may later make such changes in custody provisions as it determines are reasonable and necessary for the welfare and best interests of the child." Hogge v. Hogge , 649 P.2d 51, 53 (Utah 1982) (quotation simplified). But before the district court may modify custody, the moving party must first show changed circumstances that warrant reconsideration of the issue.