Noble v. Richards

IN THE SUPREME COURT OF THE STATE OF DELAWARE SHERRY NOBLE,1 § § No. 46, 2020 Petitioner Below, § Appellant, § Court Below—Family Court § of the State of Delaware v. § § File No. CN13-06305 SCOTT RICHARDS, § Petition Nos. 19-31904 § 19-24691 Respondent Below, § Appellee. §

Submitted: October 30, 2020 Decided: December 28, 2020 Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

ORDER After careful consideration of the parties’ briefs and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Family Court’s order dated January 3, 2020. In denying the petition to modify custody, which was filed less than two years after the court’s most recent custody order, the Family Court appropriately considered whether continuing the existing custody and primary residence arrangement would “endanger the child[ren]’s physical health or significantly impair [their] emotional development,” as required under 13 Del. C. § 729(c). The fact that the appellant disagrees with the Family Court’s factual determinations is not a basis for reversal. Factual findings will not be disturbed on appeal unless they are clearly erroneous.2 On appeal, the appellant also has submitted information that was not presented to the Family Court in the first instance, including information relating to events after the Family Court’s decision.

This Court will not consider evidence that was not presented to the trial court in the first instance.3 NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.

BY THE COURT: /s/ James T. Vaughn, Jr. Justice