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HERNANDEZ v. HERNANDEZ

Nos. 37779, 37780.

265 P.3d 495 (2011)

Charles V. HERNANDEZ, Plaintiff-Appellant, v. Kerri A. HERNANDEZ, Defendant, Janice Ausburn, Intervenor-Respondent. Janice Ausburn, Plaintiff-Respondent, v. Charles V. Hernandez, biological parent, Defendant-Appellant, and Kerri A. Hernandez, biological parent, Defendant.

Supreme Court of Idaho, Boise, September 2011 Term.

November 2, 2011.

Attorney(s) appearing for the Case

Hall, Friedly & Ward, Mountain Home, for appellant. Robert Ward argued.

Egusquiza Law Offices, Chtd., Mountain Home, for respondent. Mitchell L. Egusquiza argued.

J. JONES, Justice.

This case involves a custody dispute between Charles V. Hernandez, the biological father of two minor children, and Janice Ausburn, the children's maternal grandmother. The magistrate court granted shared physical custody to Charles and Janice. Charles appealed to the district court, which affirmed. We affirm the district court.

I.

BACKGROUND

Charles V. Hernandez and Kerri A. Hernandez divorced in Elmore County in September...

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