Schult v. Schult

699 A.2d 134 (1997)

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Nature of the Case

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Facts

Cheryl (W) and Jeffrey (H) were married in 1986. They had a child who has a history of emotional, psychological and developmental problems. W sought dissolution of the marriage and custody of the child. H filed a cross-complaint seeking custody as well. When H moved from the family home, Steve Norman moved in as a boarder. W and Norman resided together since and have plans to marry. The court appointed, by H's motion, an attorney, Colette Griffin as the child's attorney. In November 1991, while Norman was babysitting, the child was discovered to have a medical problem. Norman also noticed that the child was limping that morning when she got up, and W took the child to the hospital; the child had a broken leg, and there was no explanation as to how that could have occurred other than from abuse. Norman began to act strangely and checked into different motels in different states. Norman returned three days later. The diagnosis on the child was that the origin of the injury was unknown and that abuse could not be confirmed. The child's maternal grandmother, Radin, then intervened as per statute. The court awarded temporary joint custody to W and Radin with physical residence with Radin. W moved for a guardian, and Elizabeth Gleason was so appointed. W and the guardian ad litem requested custody to W and Radin, Griffin, H, and the child's psychologist, the family relations officer, the child's pediatrician, the clinical social worker and other said the child would not be safe with P and Norman and moved for custody to Radin. Custody was awarded to Radin with P and the guardian objecting to that recommendation from Griffin. P and the guardian appealed. The appeals court upheld, and this appeal resulted.