Mark C. Klein v. Jessica A. (Demers) Klein
Mark C. Klein v. Jessica A. (Demers) Klein
Opinion
[¶1] Mark C. Klein appeals from a judgment of the District Court (Portland, Cashman, J. ) granting a divorce from Jessica A. Demers and setting parental rights and responsibilities between them as to their minor child and from the denial of his motion for further findings of fact. We vacate the judgment in part and remand.
I. BACKGROUND
[¶2] Klein and Demers were married on January 2, 2015, and in September of that year, Demers gave birth to the parties' daughter. Although Klein and Demers initially worked together to care for their daughter, their relationship began to deteriorate over the next year, culminating in Klein moving out of the family home and Demers taking the child out of the state but later returning.
[¶3] In late 2016, Klein filed a complaint for divorce against Demers, and after several failed mediations, the court held a three-day hearing solely on the issue of parental rights and responsibilities. 1 On October 17, 2018, the court issued its judgment, awarding Demers primary residence of the child and allocating parental rights and responsibilities between Klein and Demers as "generally ... shared ... subject to the allocation of final decision making to [Demers]." The court also created a phased schedule for Klein's contact with the child that increased his visitation with the child over four distinct periods of time, culminating in one four-hour period each week combined with overnights every other weekend.
[¶4] Klein filed a motion for reconsideration, see M.R. Civ. P. 59(e), and a motion for further findings of fact, see M.R. Civ. P. 52(b). The court denied both motions. Klein timely appealed. See M.R. App. P. 2B(c)(1); 14 M.R.S. § 1901 (2018) ; 19-A M.R.S. § 104 (2018).
II. DISCUSSION
[¶5] Klein contends that the court abused its discretion by allocating final decision-making authority to Demers and by placing limitations on his contact with the child. We review an award of parental rights and responsibilities for an abuse of discretion.
See
Dube v. Dube
,
[¶6] In making factual findings, a court "is free to accept or reject the testimony of individual witnesses in whole or in part, and it is free to reject testimony that is not contradicted if it finds that testimony incredible."
In re Marpheen C.
,
[¶7] In this case, the court's judgment does not contain the express factual findings that are necessary to support its conclusion that allocation of final decision-making authority to Demers and limitations on Klein's contact is in the best interest of the child. Although the court described the testimony of the parties and witnesses at length, it did not state what testimony it believed or what findings it made on the basis of that testimony.
See, e.g.,
In re Brandon D.
,
[¶8] Because the court's judgment, despite discussing the
evidence
at length, does not contain adequate
findings
to support its result, the court abused its discretion by denying Klein's motion for further findings of fact.
See
Ehret v. Ehret
,
The entry is:
Order denying motion for further findings with regard to allocation of final decision-making authority and rights of contact vacated. Divorce judgment vacated only as to allocation of final decision-making authority and rights of contact. Remainder of judgment affirmed. Remanded for further proceedings consistent with this opinion.
Prior to the hearing, Klein and Demers stipulated to all financial aspects of the divorce, including spousal support, property and debt division, and child support. Neither party challenges the resulting portions of the judgment on appeal.
In the interest of judicial economy and finality, we also briefly address Klein's additional contentions. First, a judgment setting the parental rights and responsibilities between two parents does not constitute a state intrusion into the fundamental right to parent, nor does it deny either parent equal protection of that right.
See
Mills v. Fleming
,
Second, a court is authorized to award a combination of shared and allocated parental rights by granting one parent explicit final decision-making authority when necessary for the best interest of a child.
See
19-A M.R.S. §§ 1501(1), 1653(2)(D)(1) (2018) ;
Sheikh v. Haji
,
Reference
- Full Case Name
- Mark C. KLEIN v. Jessica A. (Demers) KLEIN
- Cited By
- 14 cases
- Status
- Published