Schumm v. Schumm

August Schumm (plaintiff) and Brenda Schumm (defendant) both sought custody of their 12-year-old and nine-year-old children. The trial court held a custody hearing, at which it found that Brenda’s ability to care for the children was adversely affected by her major mood disorder and history of severe vascular headaches. The trial court further found that Brenda’s health conditions had resulted in (1) the children having to care for her, (2) an automobile accident involving one of the children, and (3) Brenda dropping lighted cigarettes. At the hearing, a custody evaluator also presented findings that Brenda had a potential chemical dependency and that her prescribed medications had affected her daily functioning and had led to her losing her licensed practical nurse (LPN) license and multiple jobs. The trial court found that August had changed his employment so that he could better care for the children and had strong family support. The trial court also found that Brenda had served as the primary caregiver when the children were younger and that Brenda and August both had a good relationship with the children. The trial court also made a finding concerning the children’s custodial preferences. Following the hearing, the trial court granted August sole physical custody. Brenda appealed on the ground that the trial court misapplied statutory requirements relating to the parent’s health in custody disputes.