Kurt and Jayne Mansfield were married on August 7, 1983. The marriage produced three children, Ross, Tiffany, and Erin, who at the time of the divorce were ages twelve, ten, and seven years old respectively. This divorce action began in 1993.
Pursuant to VR.F.E 5(a), the trial court ordered a family evaluation, which was filed with the court on February 10,1995. The evaluator recommended that custody of the children be awarded to plaintiff, with legal rights and responsibilities shared by both parties. Defendant subsequently contacted a psychologist and entered into counseling with him. The psychologist concluded that the children would be best served if they were to remain in the primary care of defendant. The trial court granted the divorce and, acting under § 665(b), awarded legal and physical rights and responsibilities of the minor children to defendant, with visitation awarded to plaintiff. Pursuant to 15 VS.A. § 751, it also made an equitable distribution of the parties’ property.
With respect to the custody determination, plaintiff argues that the trial
Plaintiff also objects to the court’s findings from the evaluator’s testimony and its ultimate decision not to follow his recommendation. This Court will not disturb a finding of the family court unless, viewing the evidence in the light most favorable to the prevailing party, it is clearly erroneous. See
Semprebon v. Semprebon,
The court was free not to follow Dr. Ames’ recommendation because family evaluation reports are “only advisory in nature, and it is within the discretion of the court to accept or disregard a custody evaluation team’s recommendation.”
Bonanno v. Bonanno,
Finally, with respect to custody, plaintiff asserts error in the court’s finding that defendant’s counsel testified that plaintiff’s first wife said to him that plaintiff would “get even” with her if she testified against him. In fact, defendant’s counsel asked the ex-wife on cross-examination whether she made that statement, and she denied making it. Although the court misstated the form of the evidence, it was free to disbelieve the ex-wife’s denial of the statement. Moreover, this finding was one of many about the ex-wife’s testimony and was inconsequential to the court’s decision. We conclude that the minor misstatement of the evidence was a harmless error, see
Paradis v. Kirby,
With respect to the property division, plaintiff asserts that the court’s award was not equitable and was based on improper valuation of certain property. Under 15 VS.A. § 751, the family court has broad discretion in considering the statutory factors governing distribution of property in a divorce. See
Semprebon,
Plaintiff also challenges the valuation of the marital residence, a subject of expert testimony from both parties. The court is free to choose a value for property within the range of evidence presented. See
Cabot v. Cabot,
Finally, plaintiff argues that the court imposed an unfair mechanism for requiring him to pay defendant’s share of the value of the marital home. The court required the home to be placed on the market at a price equal to its value of $400,000.00, with the price to be reduced by $10,000.00 for each ninety day interval it remained unsold. When fashioning a property award, the family court has the power to order the sale of a marital home. See
Clapp v. Clapp,
Affirmed.
