Gillespie v Gillespie
Jun 29, 2012OUTCOME: Custody ruling remained intact. Court remanded for limited purpose of determining fees for Best Interest Attorney
This case arises from an Order of the Circuit Court for Frederick County modifying custody of the children of the parties. On August 24, 2009, Victoria Gillespie (“Mother”) and David Gillespie (“Father ... ”) signed a voluntary separation and property settlement agreement, agreeing to joint physical and legal custody of their three minor children. On June 9, 2010, Father filed a motion to modify custody. The custody modification trial took place on April 19, 20, and 22, 2011. The circuit court rendered its opinion from the bench at the conclusion of trial and subsequently issued a written order on May 5, 2011. The order modified the physical access of the children, granting significantly more access to Father than Mother. The court also modified legal custody granting Father tie-breaking authority in the event of an impasse. Mother filed motions to alter and amend and for a new trial, which the circuit court denied on June 13, 2011. This timely appeal followed. Father filed an appeal from the circuit court’s orders requiring him to pay outstanding fees owed to the court appointed evaluator, Rebecca L. Snyder, Psy.D (“Dr. Snyder”), and the children’s best interest attorney, Richard M. Winters (“Winters”). This Court elected to treat Father’s appeal as a cross-appeal.
