M.D. v. R.D.
M.D. v. R.D.
Opinion of the Court
Following a ten-day trial, a judge of the Probate and Family Court ordered the entry of a judgment of divorce that inter alia, granted, sole legal custody of the parties' minor daughter to the defendant, R.D., and further provided for the parties to share physical custody of the child.
In deciding the issues of custody and parenting time, the best interests of the child are paramount. G. L. c. 208, § 31. See A.H. v. M.P.,
At the center of this custody dispute is an allegation that R.D. sexually abused the minor child.
M.D.'s claims on appeal can best be summarized as disagreeing with the credibility assessments of the trial judge and the weight she gave to the evidence before her. "The credibility of witnesses, particularly, is a preserve of the trial judge upon which an appellate court treads with great reluctance." Springgate v. School Comm. of Mattapoisett,
In claiming error, M.D. emphasizes the judge's rejection of the recommendations of Patricia Brady, the court-appointed guardian ad litem (GAL). As the judge found, the GAL has extensive experience in trauma evaluations and works on cases with allegations of parental alienation and high conflict. The GAL filed her report in September of 2015. Ultimately the GAL recommended that M.D. have sole legal and physical custody of the child, with continued supervised visitation with R.D. In rejecting the GAL's recommendations, the judge detailed significant changes that had occurred since the completion of report, which the GAL did not have before her. For example, after the GAL filed her report, M.D. was found in civil contempt for failing to make the child available for her parenting time with R.D. In addition, the GAL did not have the benefit of expert reports prepared by professionals who evaluated R.D.; nor did the GAL speak with a visitation supervisor or a social worker from the Department of Children and Families (department), both of whom believed the child was being alienated from R.D. While the judge is required to consider the recommendations of the GAL, as she did here, it is the judge's responsibility to draw her own conclusions. Sagar v. Sagar,
The main weakness with M.D.'s argument is that the judge, upon consideration of all the evidence, rejected his position that R.D. had sexually abused the child. The judge was not required to accept, and did not accept, M.D.'s evidence to the contrary. See Ulin v. Polansky,
Judgment affirmed.
R.D.'s residence was deemed the child's residence for the purpose of enrolling her in school.
During the pendency of the case, M.D. had sole physical custody and R.D. had supervised parenting time. The parties shared legal custody.
The witnesses included Lawrence Ricci, M.D., medical codirector at Spurwick Child Abuse Center; Jill Durand, Psy.D., licensed clinical psychologist at Psychological Consulting Services, LLC; Leo Keating, licensed clinical social worker and clinical director of New England Forensic Associates; Elise Long, family support specialist and visitation supervisor at Seven Hills Behavioral Health; Richard Lyons, visitation supervisor at Seven Hills Behavioral Health; Holly Kinch, M.Ed., investigator with the Department of Children and Families; Patricia Brady, M.S., licensed mental health counselor and guardian ad litem; and Melissa Perrotto, licensed mental health counselor at Bayview Associates.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.