Darby J. Costa v. Adam W. Vogel

Summary

The Maine Supreme Judicial Court affirmed a judgment awarding primary physical residence of a minor child to the plaintiff while granting shared parental rights and extensive contact rights to the defendant. The court held that the trial court properly considered the child's best interests, including stability and predictability of living arrangements, under 19-A M.R.S.A. § 1653(3).

Holdings

1. The District Court did not abuse its discretion or clearly err in awarding primary physical residence of the child to Costa while maintaining shared parental rights and extensive contact rights for Vogel.
2. The District Court did not improperly substitute a generalized understanding of child development for an individualized assessment of the child's best interests.

Questions Presented

1. Whether the District Court abused its discretion or clearly erred in awarding primary physical residence of the parties' child to Costa.
2. Whether the District Court improperly relied on the parties' prior shared-residence arrangement, evidence concerning the child's development, or general concerns about stability rather than conducting an individualized best-interests analysis.
3. Whether the District Court was authorized to consider the stability of the child's living arrangements under Maine's parental-rights statute.

Disposition

affirmed