Blackmore v. Blackmore

Because the mother's increased visitation did not exceed the time of custody allowed to the father, it did not amount to a de facto change of custody.

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In Case No. A11A1277, David Blackmore appeals an order increasing the visitation granted to his former wife, Dawn Blackmore, with their two children. In Case No. A11A1526, he appeals an order denying his motion for supersedeas. Contrary to his arguments, the trial court did not impermissibly change custody by expanding visitation; did not commit harmful error by refusing to review custody evaluation reports; did not rely solely on the testimony of one witness; and was within its authority to restrict the parties from communicating with each other and from attending the children’s extracurricular activities. We therefore affirm the final order. To the extent the issue is not moot, we also affirm the trial court’s denial of David Blackmore’s motion for supersedeas because the trial court did not exceed its authority in exempting the visitation provisions from supersedeas even after David Blackmore had filed a notice of appeal. The Blackmores divorced in January 2006 and agreed to joint legal and physical custody of their two children and agreed that David Blackmore would have final decision-making authority. Less than five months later, David Blackmore moved to modify custody, contending that Dawn Blackmore’s behavior was erratic and unstable. The trial court entered a consent order resolving the modification petition. The parties continued to have joint legal custody, but David Blackmore became the primary physical custodian.

In 2008, Dawn Blackmore filed the instant petition to modify visitation, seeking, among other things, more visitation and primary decision-making authority over healthcare issues and the children’s extracurricular activities. David Blackmore filed a counterclaim, seeking dismissal of Dawn Blackmore’s petition and a modification of her visitation “to insure that the children were not placed in an unsafe situation.”

Blackmore v. Blackmore

Because the mother's increased visitation did not exceed the time of custody allowed to the father, it did not amount to a de facto change of custody.

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