Aksamit v. Krahn

227 P.3d 475 (2010)

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Nature of the Case

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Facts

Patricia (W) filed a petition for dissolution. H and W are the parents of two minor children, ages eight and five. W sought joint legal custody and primary physical custody of the children. H sought sole legal custody with parenting time for W. W amended her request and sought sole legal custody for herself with parenting time for H. The court appointed a best interests attorney (BIA) to represent the minor children's best interests. The court asked the BIA to 'give me a report.' The BIA then orally responded. The BIA then detailed out the extensive work performed by a series of interrogations and investigations with H and W and the children. The final recommendation was that W gets sole legal custody and H get parenting time. The BIA told the court that H has come a long way from the beginning of the case in his residential stability and in his volatility regarding his ability to discuss issues regarding his children, but he remains bitter and angry at W to the extent that he is unable or unwilling to focus on the children's best interest much of the time. It was also discovered that W has two older sons from another relationship, Scott (18) and Steven (almost 17) who live with her and have good relationships with their younger brothers, providing some caretaking support to the minor children. The BIA stated that she could find no deficiencies in the caretaking abilities of the older boys nor any problems in the relationships between the siblings. The court relied almost exclusively on the recommendations of the BIA and agreed with her recommendations. H appealed. A