Suzanne Cloutier (Fletcher) v. John Blowers, 172 Vt. 450

Summary

The Vermont Supreme Court reversed and remanded a family court custody order awarding sole legal and physical parental rights and responsibilities to the mother. The court held that the family court's findings concerning the father's age and the mother's ability to foster the child's relationship with the father were unsupported by the evidence or findings, and that the court improperly considered the mother's interests rather than focusing exclusively on the child's best interests. The court reinstated the temporary order pending further proceedings.

Holdings

1. The family court erred in treating father's age as a negative factor favoring mother because its finding that father's age would impair his ability to meet the child's future developmental needs was unsupported by the evidence.
2. The family court erred in concluding that the statutory factor concerning each parent's ability and disposition to foster a positive relationship and frequent and continuing contact with the other parent favored mother.
3. In applying the best-interests-of-the-child test, the family court must focus on the child's best interests, not the best interests of either parent.

Questions Presented

1. Whether the family court improperly relied on father's age as a negative custody factor without evidentiary support.
2. Whether the family court improperly relied on the mother's interests rather than the child's best interests.
3. Whether the family court's conclusion under 15 V.S.A. § 665(b)(5) was unsupported by its findings.
4. Whether the family court improperly required the parties to exchange proposed findings and conclusions before father presented his evidence.
5. Whether the family court improperly met with the parties without their attorneys present.

Disposition

reversed_and_remanded