Clark v. Clark
47 A.3d 513
| Del. | 2012Background
- Mother sought sole custody after separation; trial court awarded joint custody.
- Father has an established guardianship under Court of Chancery; guardianship still in effect at trial.
- Mother and Father previously agreed to alternating custody during mediation; later ordered joint custody.
- Father suffered significant brain injury; medical and psychological assessments described memory/concentration issues but functional capacity to care for children remained.
- Trial court delayed implementing a final custody arrangement and conditioned Mother’s primary residence on proximity to Father.
- Issues on appeal centered on guardianship implications for joint custody, best-interests findings, and the delayed implementation and move-related restrictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of guardianship issue on appeal | Mother claims per se rule bars joint custody due to guardianship. | Father argues issue not fairly presented below; guardianship not directly litigated as a standalone legal rule. | Issue not preserved; no plain error established. |
| Best-interests findings supported by record | Mother contends findings on factors 1, 4, 5, 7, 8 are unsupported. | Father argues trial court properly weighed factors and credibility; findings are supported. | Findings supported by record; no clear error in applying factors. |
| Delay in implementing final order and proximity-based residence | Mother argues delaying primary residence near Father is improper. | Father argues delay reasonably supports recovery and stability; statutory limits not breached. | Delay not abuse of discretion; proximity considerations appropriately tied to best interests. |
| Move restrictions and parental decision-making | Mother contends move restrictions exceed statutory authority. | Father asserts conditioning on moving distance serves child welfare and proximity. | No reversible error; restriction reasonable under custody framework. |
Key Cases Cited
- Norman v. State, 976 A.2d 843 (Del. 2009) (standard for appellate review of findings and deference to trial court credibility)
- Mundy v. Devon, 906 A.2d 750 (Del. 2006) (acknowledges best interests framework in custody determinations)
- Ross v. Ross, 992 A.2d 1237 (Del. 2010) (order of guardianship context in ancillary proceedings)
- Fisher v. Fisher, 691 A.2d 619 (Del. 1997) (Delaware custody factors and best interests standard in family law)
- Russell v. State, 5 A.3d 622 (Del. 2010) (plain error and preservation principles in appellate review)