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Hastings v. Hastings

The trial court's determination that splitting siblings would cause emotional harm to both children sufficiently overcame the statutory presumption in favor of the father with respect to the custody of the older child, who was the father's biological child and later adopted by the mother.

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Appellant Frederick C. Hastings husband appeals a final divorce decree entered October 18, 2011, awarding primary physical custody of his two children to Nichole Hastings wife. Husband is the biological father of both children, whereas wife is the adoptive mother of one child and the biological mother of the other child. At the time the couple married in August 2006, wife was aware husband’s former girlfriend was pregnant. Following the child’s birth in October 2006, husband’s paternity was established and the couple obtained custody with wife eventually adopting the child. In February 2009, wife gave birth to the couple’s second child.

Husband filed for divorce in February 2011. Following mediation which resolved most issues between the parties, the trial court held a hearing with respect to the issues of custody and child support. Both parties testified and, after considering the evidence, the trial court found it was in the best interest of the children for wife to be awarded primary physical custody. The court declined to split physical custody of the children between the parents, finding that to do so would cause emotional harm. After awarding joint legal custody, the court awarded child support to wife within the guidelines.

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