Summary
The Maine Supreme Judicial Court affirmed a divorce judgment awarding primary residence of the parties' son to the mother and permitting her relocation with the child to Texas. The court held that the trial court's best-interest determination and evaluation of the parents' caregiving roles were supported by the record and did not constitute an abuse of discretion.
Topics
Practice areas
Questions Presented
- Whether the District Court abused its discretion or clearly erred by awarding Tommie primary residence of the child and permitting relocation to Texas.
- Whether the District Court erred by rejecting the guardian ad litem's recommendation that primary residence shift to Ben if Tommie relocated.
Holdings
- The District Court did not abuse its discretion in determining that the child's best interests were served by remaining primarily with Tommie and in permitting Tommie to relocate with the child to Texas.
- The District Court was entitled to disagree with the guardian ad litem's final recommendation because the weight and credibility of the guardian ad litem's report and other evidence were matters for the fact-finder.
Key quotations
“because the court is able to appraise all the testimony of the parties and their experts.” (¶ 9)
Factual background
Eric and Tommie Low married in 2005 and have one son, born in February 2012. Tommie had been the child's primary caregiver and handled his day-to-day care, schooling, health care, emergencies, and activities. Tommie sought to relocate with the child from Maine to Texas, where she had family support; the trial court found that the child would be better served by remaining primarily with Tommie even if she relocated.
Procedural history
Ben filed a divorce complaint in October 2019. Following a one-day trial in October 2020, the District Court awarded Tommie primary residence and permitted her to relocate with the child to Texas. Ben timely appealed to the Supreme Judicial Court of Maine, which affirmed.