OPINION This is an appeal[1] from a final decree of divorce dissolving the marriage between Appellant Chad A. Loftin (“Chad”) and Appellee Grace C. Loftin (“Grace”), and determining issues concerning the care and custody of the couple’s two young daughters. Chad contests the trial court’s exclusion of evidence retrieved from a cell phone owned by Grace, as well as the court’s allocation of costs. We affirm. BACKGROUND Chad and Grace are the parents of two daughters, who were aged nine and four at the time of trial. Grace filed for divorce in January 2018. Chad filed a counterpetition days later. An agreed order was entered on the parties’ joint motion to have the matter referred to a special judge for trial. That order provided, per the parties’ agreement, that Grace “shall be responsible for all fees, costs, and expenses charged by [the special judge] and the court reporter for and at the trial of this case.” The primary issue at trial concerned Grace’s sexual encounters with a variety of men other than Chad. Without Chad’s knowledge, Grace had bought a reloadable cell phone that she used to communicate with men whom she met online.[2] Chad found the phone on a counter in the couple’s home, opened it, and discovered hundreds of texts messages between Grace and numerous men, as well as photographs of men in various stages of undress and naked photographs of Grace. Many of the messages referred to sexual activity; some indicated possible drug use and requests for money. Chad kept the cell phone and downloaded its texts and messages into an Excel spreadsheet. Those texts and messages formed the foundation of his claim at trial that Grace presents a threat to the children’s safety and well-being. Grace admitted at trial that the phone was hers, that she used it to communicate with fifty- seven men, and that she met six of those men and slept with five of them. She also admitted that some of the men with whom she had slept had given her money or gifts, but denied that the money or gifts were in exchange for sex. She stated that she deeply regretted her behavior and recognized her need for counseling, which she was then undergoing and intended to continue. Michelle Munevar, a psychologist who conducted psychological and custody evaluations of both Chad and Grace, testified that Grace had a trauma history that included rape by multiple
