Roberts v. Blocker

Summary

The Delaware Supreme Court affirmed a Family Court order granting the father sole custody and primary residence of the parties’ child and restricting the mother’s contact. The Court rejected challenges concerning the timing of the custody hearing, representation of the child, the sufficiency of the evidence, alleged parental alienation, and the mother’s asserted parental and human rights. The Court also upheld the admission and consideration of psychological expert testimony regarding the mother’s mental health.

Holdings

1. The Family Court did not err by deciding the custody petition before final resolution of the mother's criminal charges.
2. The Family Court acted within its authority in appointing the attorney who represented the child in the dependency proceeding to represent the child in the custody proceeding.
3. The evidence supported the Family Court's award of sole custody and primary residence to the father and its present restriction of the mother's contact with the child.
4. The Family Court did not abuse its discretion by admitting and relying on the psychologist's opinion diagnosing the mother with Factitious Disorder Imposed on Another.
5. The Supreme Court would not consider documents attached to the mother's opening brief that were not part of the record below, while it could consider documents from other Family Court proceedings that the Family Court had considered and referenced.

Questions Presented

1. Whether the Family Court erred by resolving the custody petition before the mother's criminal charges were finally resolved.
2. Whether the Family Court improperly appointed the child's attorney from the prior dependency proceeding to represent the child in the custody proceeding.
3. Whether the evidence supported the Family Court's findings concerning the mental health of the mother and father and the physical and emotional health of the child.
4. Whether the Family Court improperly admitted and relied on the psychologist's diagnosis of the mother under the Daubert reliability standard.
5. Whether the custody order unlawfully impaired the mother's parental or other rights by restricting her contact with the child.

Disposition

affirmed