We Win Custody of 7 Year Old Daughter of our Client, the Father while he is Living with Another Woman. In Re Marriage of Olson

The Father (our client) and Mother were married October 16, 1982 and had a daughter a year later. They separated in 1988. While still married the Father began dating, and had a child by, another woman. The Mother filed for divorce in 1989 and the Father asked for custody of their daughter, who was then 7 years old. The trial judge found that our client was guilty of “onerous adultery, denied him custody of his daughter and restricted his visitation as well.

We represented the Father in his Appeal to the Appellate Court and won a decision overturning the trial judge’s decision.

On Appeal the Court recognized that their daughter was a “very mature 7 year old” and that her preference for who would be her primary residential parent should be recognized. The Court determined the trial judge failed to examine the maturity of the daughter’s opinion and its underlying reasoning. The 7 year-old’s statements both in and out of court should have been given more serious consideration by the trial court.

The Appellate Court found that the daughter had been consistent in expressing her desire to live with her Father. Further, the conduct of the Father in cohabiting with a member of the opposite sex did not adversely affect his relationship with his daughter.

After the case was reversed we continued the fight in the trial court and were successful in obtaining Father’s custody of his daughter.