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Miller v. Miler
Maine Supreme Judicial Court
677 A.2d 64 (1996)
Facts
Eileen Miller (plaintiff) filed for divorce from Clark Miller (defendant). Eileen and Clark both sought custody of their three minor children. The superior court initially awarded the primary residence of the children to Eileen. Subsequently, a court-appointed guardian ad litem for the children and a psychologist both conducted a series of interviews with Eileen, Clark, and the Miller children. At least two of the children expressed a clear preference for living with their mother. However, both the guardian ad litem and the psychologist recommended that the children’s primary residence be with Clark. Following these recommendations, Clark moved to amend the court’s order pending divorce to ensure that the primary residence of the children be with him. One of the Miller children contacted an attorney, and the children moved to intervene as parties in their own name. The court granted Clark’s motion to amend the order. The court then granted the children’s motion to intervene, which Clark appealed to the Maine Supreme Judicial Court.
Rule of Law
Issue
Holding and Reasoning (Lipez, J.)
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