McIntosh v. McIntosh

Mr. McIntosh (plaintiff) and Ms. McIntosh (defendant) were married on October 2, 2004. The McIntoshes had a son, Jordan, on May 5, 2006. A little over a year later, on July 5, 2007, Mr. McIntosh filed a complaint for divorce. Mr. McIntosh simultaneously moved the trial court for an ex parte order granting him sole legal and physical custody of Jordan. The trial court entered an ex parte order, but shortly afterward entered a consent order to provide for equal division of physical custody. Mr. and Ms. McIntosh were unable to manage Jordan's parenting exchanges amicably and eventually had to pick up and drop off Jordan at the local police station. The trial judge requested that a neutral psychologist perform psychological evaluations of Mr. and Ms. McIntosh. Upon completion of the evaluations, the psychologist recommended that Mr. and Ms. McIntosh share joint legal and physical custody of Jordan. At trial, Ms. McIntosh provided evidence that Mr. McIntosh had a history of alcohol use, had withheld the minor child from Ms. McIntosh without cause, and had been violent in the home on at least one occasion. Upon considering the weight of the evidence and applying it to the best-interest factors, the trial court declined to adopt the neutral psychologist's recommendation. Instead, the trial court held that Ms. McIntosh was entitled to sole legal and physical custody of the minor child. Mr. McIntosh appealed.