In re Marriage of Kovacs

John Kovacs (plaintiff) and Marcia Kovacs (defendant) had three children. During the marriage, Marcia was the children’s primary caregiver. When Marcia filed for divorce, she was granted temporary residential custody of the children. Both parents sought permanent residential custody in the divorce. During the 18 months the divorce was pending, Marcia repeatedly left the children with various relatives while she visited with her new boyfriend. Marcia also received two citations for alcohol-related driving offenses and was arrested for driving under the influence after being involved in a car accident with the children in the car. During the divorce process, both parents were interviewed by John’s expert, a psychologist, who tested each parent and interviewed each parent, both alone and with the children. John’s psychologist recommended that John be awarded permanent custody because he was the more stable individual and better able to provide a structured, stable home environment. The trial court awarded custody to John, and the children moved to John’s home in California, where they continue to reside. Marcia appealed, and the court of appeals reversed, holding that placement with the children’s historical primary caregiver was required absent proof the children suffered emotional, physical, or psychological harm. John appealed.