Miller v. Miller - No. 20120424
Leslie Miller appeals from a district court order denying his motion to change the primary residential responsibility for his son, B.P.M., from Jenny Lynn Miller, now known as Jenny Sailer, to himself.
Miller and Sailer were divorced in 2003 and Sailer was granted primary residential responsibility for the parties' two children. In 2007, Miller moved to change primary residential responsibility for B.P.M., the oldest child, but the district court denied the motion. In March 2012, Miller again moved to change primary residential responsibility for B.P.M., who was then 15 years old. The court denied the motion without holding an evidentiary hearing. The court concluded the "central theme" for the request was that B.P.M. did not agree with some of the restrictions and requirements Sailer imposed upon him and B.P.M. wanted to live with Miller. The court ruled that the affidavits and other evidence presented in support of the motion did not establish a prima facie case justifying a change of primary residential responsibility.
On appeal, Miller argues the district court erred in ruling he failed to establish a prima facie case because the court ignored all of the allegations made in the affidavits and based its decision solely on a finding that B.P.M. was not sufficiently mature to express a preference on where he wanted to live.