Marriage of Walter
Brandi and Richard Walter were married in March 2004. Brandi had a daughter from a previous relationship, Abigail, who was two years old at the time of the marriage. Eighteen months later, Brandi and Richard had a daughter, Audrey. The parties separated in February 2006, and Brandi filed a petition to dissolve the marriage in March 2006. Temporary custody of Audrey was awarded to Richard. Following a court-ordered custody evaluation, the parties stipulated that Brandi would have primary physical custody, and Richard would have supervised visits amounting to a 20 percent timeshare.
Notwithstanding, the court found it was in Audreys best interest to remain with Brandi as the custodial parent. The court stated Audrey had been primarily in the care of her mother since the parties separated 18 months before and noted it would be against the public policy of this state to separate Audrey from her sibling Abigail. It found the childs need for continuity and stability outweighed the potential hindrance of the move. The order granting Brandis request to move away and denying Richards request to change custody is affirmed. Brandi is entitled to costs on appeal.
Comments on Marriage of Walter