Spaulding v. Butler, 172 Vt. 467

Summary

The Vermont Supreme Court reviewed a family court order modifying parental rights and responsibilities and awarding sole legal and physical rights to the father. The court held that a real, substantial, and unanticipated change in circumstances had occurred, but concluded that the family court improperly evaluated the child's best interests, particularly by discounting the father's conduct in alienating the child from the mother. The court affirmed in part, reversed in part, and remanded.

Holdings

1. The family court correctly found a real, substantial, and unanticipated change of circumstances.
2. The family court's conclusion that custody with father was in Nathan's best interests was erroneous because its conclusions regarding several statutory factors were unsupported by its own findings.
3. A parent may not be awarded custody based on a relationship advantage that was substantially created by that parent's willful alienation of the child from the other parent.
4. The award of parental rights and responsibilities to father must be reversed and remanded for reconsideration in light of the appellate court's analysis and any changed circumstances during the appeal.

Questions Presented

1. Whether the family court properly found a real, substantial, and unanticipated change of circumstances supporting modification of the parental-rights-and-responsibilities order.
2. Whether the family court properly concluded that awarding sole legal and physical parental rights and responsibilities to father was in Nathan's best interests under the statutory custody factors.
3. Whether the family court's conclusions concerning the parents' relationships with Nathan, safety of the homes, stability of the child's placement, primary caregiving, and evidence of abuse were supported by its findings.

Disposition

reversed_and_remanded