Mansfield v. Mansfield, 97-001

• Docket Nº: No. 97-001
• Citation: 708 A.2d 579, 167 Vt. 606
• Case Date: February 10, 1998
• Court: United States State Supreme Court of Vermont

Page 579

708 A.2d 579 167 Vt. 606 Kurt MANSFIELD
v.
Jayne MANSFIELD. No. 97-001. Supreme Court of Vermont. Feb. 10, 1998.

Page 580

Before AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

ENTRY ORDER

Plaintiff Kurt Mansfield appeals from a Rutland Family Court decision awarding defendant Jayne Mansfield sole legal and physical rights and responsibilities for the parties' minor children, and distributing the parties' property. Plaintiff claims that three of the court's findings are clearly erroneous and that the court abused its discretion in not properly weighing the recommendations of the family evaluator, not providing an even-handed analysis of the 15 V.S.A. § 665(b) factors, and not making an equitable division of property. We affirm.

Kurt and Jayne Mansfield were married on August 7, 1983. The marriage produced three children, Ross, Tiffany, and Erin, who at the time of the divorce were ages twelve, ten, and seven years old respectively. This divorce action began in 1993.

Pursuant to V.R.F.P. 5(a), the trial court ordered a family evaluation, which was filed with the court on February 10, 1995. The evaluator recommended that custody of the children be awarded to plaintiff, with legal rights and responsibilities shared by both parties. Defendant subsequently contacted a psychologist and entered into counseling with him. The psychologist concluded that the children would be best served if they were to remain in the primary care of defendant. The trial court granted the divorce and, acting under § 665(b), awarded legal and physical rights and responsibilities of the minor children to defendant, with visitation awarded to plaintiff. Pursuant to 15 V.S.A. § 751, it also made an equitable distribution of the parties' property.

With respect to the custody determination, plaintiff argues that the trial

Page 581

court's findings do not represent a complete, balanced, or even-handed analysis of the § 665(b) factors, that the trial court minimized and mischaracterized the family evaluator's recommendation and placed undue weight on defendant's therapist's testimony, and that certain of its findings are clearly erroneous. The family court has broad discretion in custody matters, and this Court must affirm its decision unless this discretion was erroneously exercised. See Myott v. Myott, 149 Vt. 573, 578, 547 A.2d 1336, 1339 (1988). The court is required under § 665(b) only to consider each factor listed when making a determination of parental rights and responsibilities--it imposes no specific requirement on how this consideration is to be manifested in the court's findings and conclusions. See Harris v. Harris, 149 Vt. 410, 414, 546 A.2d 208, 212 (1988). In this instance, the family court considered all nine factors in reaching its conclusion that the interests of the children would be best served if defendant was given legal and physical responsibility for them. Its conclusion is supported by defendant's position as the children's primary caregiver, a factor given great weight unless the parent is unfit. See Harris v. Harris, 162 Vt. 174, 178, 647 A.2d 309, 312 (1994). We conclude that the family court performed an even-handed and balanced analysis under § 665(b).

Plaintiff also objects to the court's findings from the evaluator's testimony and its ultimate decision not to follow his recommendation. This Court will not...