Terrell v. Terrell

Evidence, including the mother's positive test for THC metabolites/marijuana, supported the judgment awarding the father primary physical custody of the parties' minor daughter.

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Judy Chatfield Terrell “Wife” and Dale Allen Terrell “Husband” were divorced pursuant to an October 25, 2010 Final Decree. Husband was awarded primary physical custody of the parties’ minor daughter and Wife was awarded visitation rights. This Court granted Wife’s application for appeal pursuant to Supreme Court Rule 34 4, by which this Court shall grant a timely application from a final judgment and decree of divorce that is determined by the Court to have possible merit. For the reasons that follow, we affirm.

The record reveals that, after Wife filed for divorce from Husband in August 2010, both Husband and Wife requested primary physical custody of the couple’s minor daughter. Husband was awarded temporary primary physical custody in September 2010. Wife was awarded visitation rights. However, in February 2012, Wife filed an Ex Parte Motion for Emergency Custody on grounds that Husband refused to follow a doctor’s orders for medical treatment of the child, then five years old, after she was diagnosed with a urinary tract infection and a yeast infection within two weeks while in Husband’s care. On the day of the filing, the trial court entered an Ex Parte Custody Order granting emergency custody to Wife. In March 2012, the trial court awarded temporary primary custody to Wife and awarded Husband supervised visitation every other weekend. The court also ordered a forensic psychosexual evaluation of the child to determine whether any abnormalities in the child’s genital exam that had been conducted by the child’s pediatrician could have been related to possible sexual abuse.

Terrell v. Terrell

Evidence, including the mother's positive test for THC metabolites/marijuana, supported the judgment awarding the father primary physical custody of the parties' minor daughter.

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