Custody of Vaughn

In 1977, Leslie (defendant) and Ross (plaintiff) became romantically involved. Ross moved into Leslie’s home, which Leslie shared with her two children. Ross was physically and emotionally abusive toward Leslie and the children. On several occasions, Leslie was violent toward Ross as well and taunted him for not meeting her sexual demands. Leslie and Ross later had a son together, Vaughn. Until Vaughn reached the age of five, Leslie was his primary caregiver. Ross then became more involved in Vaughn’s life. Ross monitored Vaughn’s progress in school and participated in his extracurricular activities. In 1985, Ross quit drinking alcohol and was prescribed Lithium to stabilize his mood. However, Ross frequently stopped taking his medication, which worsened his abusive behavior. At times, Ross would threaten Leslie to take Vaughn away from her as a way to ensure that she stayed in the relationship. He also often abused Leslie in Vaughn’s presence. On October 1, 1992, Leslie obtained a protective order against Ross. On October 2, Ross filed for custody of Vaughn. Leslie and Ross entered a temporary agreement providing that they would share legal and physical custody of Vaughn until a more permanent custody determination was reached. In July 1993, the court held a custody hearing, during which evidence was introduced regarding Ross’s abusive behavior. During the hearing, Vaughn’s guardian ad litem and clinical psychologist shared his recommendation that Leslie and Ross should receive joint custody but that Vaughn’s permanent home should be with Ross. The court awarded joint legal custody to Leslie and Ross and, in accordance with the recommendation, awarded Ross primary physical custody. Leslie appealed. The appellate court reversed on the ground that the court had erred by not considering Ross’s abusive acts and the impact the abuse had on Vaughn. The matter was appealed again.