Drake v. Orlando

Summary

The Delaware Supreme Court affirmed a Family Court order granting the parents joint legal custody, awarding the mother primary placement, and permitting her to relocate with the children to Arizona. The Court held that the Family Court properly applied the child-best-interests factors and that the father's failure to provide a custody-hearing transcript prevented review of his factual challenges.

Holdings

1. An appellant challenging factual findings in a Family Court custody decision must provide an adequate record, including the necessary hearing transcript; without the transcript, the Supreme Court lacked an adequate basis to evaluate the Father's claims that the Family Court failed to consider particular evidence.
2. The Family Court did not err or abuse its discretion in awarding the parties joint legal custody, granting the Mother primary placement, and permitting her to relocate with the minor children to Arizona.

Questions Presented

1. Whether the Family Court failed to consider evidence concerning alleged domestic violence, drug use, treatment of the children with non-prescribed medication, and the Mother's employment history.
2. Whether the Family Court properly applied the statutory best-interests-of-the-child factors in awarding joint legal custody, primary placement to the Mother, and permission to relocate to Arizona.
3. Whether the Father's failure to provide a transcript of the custody hearing prevented appellate review of his factual challenges.

Disposition

affirmed