Odom v. Odom

Katherine Odom (plaintiff) was married to Mark Odom (defendant), and they had two young children, including an eight-month-old baby. Mark was a self-employed accountant with a controlling nature. Mark subjected Katherine to numerous beatings during the marriage, often in front of the children. For her part, Katherine was a loving caregiver, dedicated to her children, and planning to pursue her college degree. Following an incident of physical abuse, Katherine left the family home with the children and went to a domestic-violence shelter. At least two social workers witnessed Katherine’s bruised and battered appearance as well as a bruise on the baby’s head, allegedly caused by Mark when he had been trying to hit Katherine. Mark petitioned for separation. Another violent incident occurred, this time at the shelter where Katherine was staying. Katherine had also received information that Mark intended to kidnap the children. Out of fear of Mark, Katherine fled the state with the children. Given Katherine’s unknown whereabouts and leaving the jurisdiction, Mark was awarded sole custody of the children. Subsequently, Katherine petitioned the court for a change in custody. The parties stipulated that joint custody was not in the children’s best interest, and home studies of each parent were conducted. The studies favored Katherine as a caregiver. Social workers noted that Katherine was cooperative, open, and a good caregiver, while Mark was uncooperative, controlling, very angry at Katherine, and unlikely to support the children’s relationship with her. The court denied Katherine’s request for a change in custody, and she appealed.