Black v. Hennig
286 P.3d 1256
Utah Ct. App.2012Background
- Black sought paternity, child support, and sole custody; Hennig sought joint legal and physical custody.
- The Oregon case activity occurred; Utah maintained jurisdiction; relocation issues influenced custody.
- The district court ordered joint custody with detailed parenting-time provisions and a surname change to Black‑Hennig.
- Dr. Hale conducted a custody evaluation; Black moved to strike her testimony; handling of ex parte communications was contested.
- The court denied most attorney-fee requests but awarded $7,000 to Hennig for Oregon-related expenses, later remanded for proper findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Facebook/bias evidence | Black argues Facebook evidence shows bias of Hale. | Hennig argues evidence is irrelevant to bias if not probative of truthfulness. | Facebook evidence should have been admitted for bias; however record is incomplete so no relief. |
| Motion to strike Hale's testimony | Black argues Hale's conduct and AFCC standards were violated. | Court found no violation; methodology and testimony were proper. | Court did not err in denying the motion to strike. |
| Weight given to primary caregiver status | Black contends weight given to primary caregiver undervalued her role. | Court properly weighed stability and best interests. | Court acted within broad discretion in awarding joint custody. |
| Surname change preservation and rationale | Black preserved issue that name change needed best-interest findings. | Issue not preserved; no plain error or exceptional circumstances. | Issue not addressed on appeal due to non-preservation. |
| Bad-faith Oregon filing and attorney-fee award | Black argues bad faith means no Oregon-related fee; seeks reversal. | Court found bad faith but records insufficient; remanded for proper findings. | Bad-faith finding reversed and remanded for further findings; appeal fees denied. |
Key Cases Cited
- State v. Hackford, 737 P.2d 200 (Utah 1987) (admissibility of bias evidence under 608(c))
- Connell v. Connell, 233 P.3d 836 (Utah Ct. App. 2010) (preservation requirement for appellate issues)
- Jeschke v. Willis, 811 P.2d 202 (Utah Ct. App. 1991) (bad-faith findings reviewed for abuse of discretion)
- 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (preservation/exception for appeal issues)
- Hudema v. Carpenter, 989 P.2d 491 (Utah Ct. App. 1999) (custody factors and broad trial court discretion)