Keesee v. Keesee

Willard (Craig) Keesee (plaintiff) and Karen Keesee (defendant) were married with two children, a six-year-old daughter and a two-year-old son. Karen was the children’s primary caretaker and a stay-at-home parent who was highly involved in the children’s activities and schooling. Karen studied parenting skills and was very attuned to her children’s needs. Craig worked long hours outside the home and did not participate in the children’s activities. As the marriage progressed, Craig became emotionally and physically abusive to Karen. Frequently, the couple fought over household finances. Karen tape-recorded one incident that occurred at Christmastime. The couple began arguing over finances, and Karen asked Craig if he could just let the children enjoy Christmas. Craig threatened to smash Karen’s face because she was “pissing” him off and then grabbed the camcorder, hit her in the head with it, and broke the video functionality. The camcorder’s audio-recording function remained operational, and the children could be heard on the tape screaming in the background in fear. Afterward, Craig left the home for days without letting the family know his whereabouts. In a divorce proceeding, the trial court held an evidentiary hearing on the matter of child custody. The court received testimony and evidence from an expert psychologist, Dr. Fleishman. The expert had conducted a custody evaluation for the court, in which he concluded that Karen was forthcoming and had greater insight into the children’s needs while Craig was essentially dishonest and possibly a pathological liar. Dr. Fleishman had reviewed the taped Christmas incident and remarked that it was an “appalling display of [Craig’s] insensitivity to the kid’s needs” and exemplified Craig’s character (“sullen, angry, cursing”). The court also heard from a guardian ad litem and numerous other people familiar with the family, such as friends, teachers, and the parties themselves, regarding the couple’s caregiving abilities and attributes. The trial court awarded primary residential custody to Karen. Craig appealed, challenging the admission of expert evidence and overall sufficiency of evidence to support the court’s judgment.