Clark v. Clark

47 A.3d 513, 2012 WL 2453098, 2012 Del. LEXIS 338
CourtSupreme Court of Delaware
DecidedJune 28, 2012
DocketNo. 547, 2011
StatusPublished
Cited by20 cases

This text of 47 A.3d 513 (Clark v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Clark, 47 A.3d 513, 2012 WL 2453098, 2012 Del. LEXIS 338 (Del. 2012).

Opinion

STEELE, Chief Justice:

Scott and Vanessa Clark married on July 23, 2003 and had two children. After Father and Mother separated, Mother sought sole custody of the children. The trial judge gave joint custody to Mother and Father. Mother advances three argu[515]*515ments on appeal: (1) joint custody is improper because Father is subject to an order of guardianship, (2) the findings of fact in the best interests of the child analysis were clearly erroneous, and (3) the delayed implementation of the final order constituted error. Although this is a close abuse of discretion case, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

In June 2009, Mother and Father separated. Soon after the separation, Mother moved out of the marital home in New Castle, Delaware. In September 2009, Mother petitioned for orders of Protection from Abuse against Father and paternal grandfather,1 alleging that Father abused her and that paternal grandfather made inappropriate sexual comments and advances.2 Mother also cited an incident where grandfather broke into her house and threatened her.3 Father and paternal grandparents consented to the PFAs without admitting fault and were restricted from contacting Mother.4 Father petitioned for custody of their two daughters, aged 2 and 6 at the time, in June 2009. In September 2009, Mother petitioned for custody in another county. Through the mediation stage of custody proceedings, Mother and Father agreed to alternate custody every other week.5

Friends and family noted that Father had been depressed since the separation.6 Father attempted suicide by overdosing on medication in September 2009.7 Mother called an ambulance, which took Father to the hospital. Mother later invited Father to her family’s house for Thanksgiving in 2009. When Mother drove Father home, Father leapt from the car while it was traveling at 50 mph, but remarkably did not sustain any serious injuries.

On December 9, 2009, Father attempted to commit suicide for the third time by hanging himself in his garage.8 Father’s friend and grandfather intervened, and an ambulance took Father to the hospital. Father remained in a coma for 10 days and suffered anoxic brain injuries.9 When Mother visited Father, Father’s brother started to assault her until other family members restrained him.10

A doctor described Father’s physical recovery as “miraculous” and “significant.”11 In the 6 months after the suicide attempt, the doctor believed that Father had recovered 70-80% of his physical capacity.12 The doctor opined that Father is “for the most part [ ] completely functional” aside from his memory problems.13 The doctor noted that within 18 months Father was back to playing hockey and was still better than most of his team.14 Father’s mental and emotional recovery, however, has been slower. A therapist described Father’s greatest difficulties as his memory, concen[516]*516tration, and ability to organize.15 The therapist evaluated Father’s recent mental and emotional progress as “slow and steady.”16 Currently, Father participates in full time therapy and rehabilitation.

In January 2010, paternal grandfather and grandmother petitioned the Court of Chancery and became Father’s legal guardian.17 The petition’s standard language states that Father is “unable to properly care for his person or property.”18 The physician’s affidavit attached to the petition further details that Father has “a disability that interferes with the ability to make or communicate responsible decisions regarding health care, food, clothing, shelter, or the administration of property” and that Father “does not have sufficient mental capacity to understand the nature of a guardianship and cannot consent to the appointment of a guardian.” 19 Father’s guardianship is still legally in effect and grandfather manages Father’s finances. Paternal grandfather and grandmother currently live with Father in the family home.

In November 2010, Mother and Father filed petitions for PFAs against each other for child abuse. Both petitions were denied because of lack of evidence presented by either party.20 Father alleged that Mother had burned one daughter’s eyelid with a cigarette, gave one daughter a chemical burn with a “Mr. Clean Magic Eraser,” and physically abused both daughters, leaving scratches and bruises. Mother alleged that Father often would “play bite” the younger daughter and one time he bit her hard enough to bruise and break the skin.21 Also, Father once pushed the younger daughter into the pool when she could not yet swim, forcing Mother to jump into the pool to rescue the daughter.

Mother moved from her Bear, Delaware apartment into maternal grandmother’s Hartly, Delaware residence in 2010. Without consulting Father, Mother enrolled the older daughter in Hartly Elementary School for the 2010-2011 school year, which was a short commute from the maternal grandfather’s residence and a 50-60 minute commute to Father’s residence.22

The Family Court held a custody hearing on June 14, 2011. On June 15, 2011, the Court ordered that another adult must supervise Father when the children are near a pool. On August 22, 2011, the Court issued an order granting joint custody, directing that Father and Mother alternate weekly custody of their daughters for the next year. Starting in August 2012, Mother will obtain primary residence during the week, and Father will have custody every other weekend. Mother will also have final decision making power over the children’s extracurricular activities during the school year. If Mother decides to move during this time period, the Court required Mother to move closer to Father’s residence or risk losing primary residential custody.

II. STANDARD OF REVIEW

Review of this Family Court decision implicates questions of fact and law. Findings of fact will be upheld unless [517]*517clearly erroneous.23 This standard requires that the trial judge’s factual findings be supported by the record and be the product of an orderly and logical deductive process.24 Questions of law, including the interpretation of statutes, are reviewed de novo. If the Family Court has properly applied the law to the facts, then the standard of review is abuse of discretion.

III. ANALYSIS

Under 13 Del. C. § 722, a Family Court judge is required to determine legal custody in accordance with the best interests of the child.25 The statute enumerates eight factors to guide the trial judge in determining the best interests of the child. The weight given to each factor will be different in any given proceeding, and “[i]t is quite possible that the weight of one factor will counterbalance the combined weight of all other factors and be outcome determinative in some situations.”26

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Cite This Page — Counsel Stack

Bluebook (online)
47 A.3d 513, 2012 WL 2453098, 2012 Del. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-clark-del-2012.