Fullmer v. Fullmer, 347 P.3d 14

Father and Mother, married 2003, have two children.
September 2010: Father files for divorce; temporary orders designate Father as temporary primary custodian.
Court appoints custody evaluator Dr. Natalie Malovich; recommended joint custody with Mother as primary.
After conference, Dr. Malovich suggested custody plan; parties unable to agree; case certified for trial.
At trial, judge allowed Dr. Malovich’s testimony; ultimately awarded Mother primary custody and joint legal/physical custody, with liberal father-time.
Father appeals arguing lack of sua sponte recusal and abuse of discretion; court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether judge must recuse sua sponte.	Father argues bias from judge's remarks.	Mother contends no improper bias; no fresh recusal requirement.	No plain error; no disqualifying bias shown.
Whether trial court abused discretion in awarding custody to Mother.	Father claims bias and reliance on Malovich’s testimony.	Court properly weighed factors and evidence.	No abuse; findings supported; custody award affirmed.
Whether the weight given to Dr. Malovich’s testimony was proper.	Father argues court overvalued Malovich over Father’s expert.	Court may weigh witnesses as credibility dictates.	Weight given to Malovich was within court’s discretion.

State v. Alonzo, 973 P.2d 975 (Utah 1998) (recusal and impartiality; legal standard for error)
West Jordan City v. Goodman, 135 P.3d 874 (Utah 2006) (reasonable-person impartiality test for judicial bias)
Madsen v. Prudential Fed. Sav. & Loan Ass'n, 767 P.2d 538 (Utah 1988) (bias analysis; lifetime experiences on the bench not per se disqualifying)
Debry, 2001 UT App 397, 38 P.3d 984 (Utah Ct. App. 2001) (bias/credibility not established by isolated comments)
Tucker v. Tucker, 910 P.2d 1209 (Utah 1996) (temporary custody lacking binding precedence; factors proper)