Mundy v. Devon

Summary

The Delaware Supreme Court reviewed a Family Court decision concerning a petition to modify an alternating annual primary-placement arrangement for a minor child whose parents lived in different states. The Supreme Court held that certain non-statutory shared-placement factors were discretionary and that the Family Court had not clearly erred in evaluating expert testimony, but remanded because it was unclear whether the court had considered the full range of residential-placement options.

Holdings

1. The six non-statutory factors were neither mandatory nor dispositive. A Family Court judge has discretion to consider additional factors, provided that the judge considers all statutory factors required by Delaware Code title 13, section 722.
2. The Family Court did not clearly err in characterizing and weighing the psychologists' testimony, and the father's challenge to that factual assessment failed.
3. The Family Court was required to consider all residential-placement options relevant to the child's best interests, not merely continuation of the existing annual alternating-placement arrangement or primary placement with the father.
4. Annual alternating primary placement is distinct from shared placement, which generally involves alternating weekly, monthly, or similar short-term periods; the six non-statutory shared-placement factors were not applicable on the facts presented.

Questions Presented

1. Whether six non-statutory factors governing shared placement were mandatory and required consideration by the Family Court.
2. Whether the Family Court clearly erred by characterizing portions of the psychologists' testimony as speculative and by weighing that testimony as it did.
3. Whether the Family Court erred by considering only continuation of the existing annual alternating-placement arrangement and primary placement with the father, rather than the full range of residential-placement options.

Disposition

reversed_and_remanded