Lewis v. Dugan

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WENDY LEWIS,* Defendant Below, Appellant, v. THEODORE DUGAN,* Plaintiff Below, Appellee. § § § § § § § § § § § No. 339, 1999 Court Below: Family Court of the State of Delaware in and for New Castle County File No. CN98-10298 Submitted: January 11, 2000 Decided: February 25, 2000 Before HOLLAND, HARTNETT and BERGER, Justices. ORDER This 25th day of February, 2000, upon consideration of the briefs of the parties, it appears to the Court that: 1) Wendy Lewis appeals from a decision of the Family Court awarding joint custody and equal residential custody of her daughter to Lewis and Theodore Dugan, the father. Lewis complains that the trial court s analysis of the statutory factors governing custody was insufficient in that the court failed to discuss each factor separately and failed to address the issue of domestic abuse at all. Pseudonyms have been used to protect the identity of the parties to this appeal. See Supr. Ct. R. 7(d). * 2) Under 13 Del. C. § 722, the trial court must determine the custody and residential arrangements that are in the best interests of the child. The statute identifies seven factors, including evidence of domestic violence, that should be considered. The trial court s decision did not identify and evaluate each of the relevant factors, and it made no mention of the domestic violence issue. As a result, this Court is unable to review the decision. NOW, THEREFORE, IT IS ORDERED that this matter be REMANDED to the Family Court with instructions that the court state its conclusions with respect to each of the factors set forth in 13 Del. C. § 722 and make all findings required by 13 Del. C. § 706A. Jurisdiction is retained. BY THE COURT: /s/Carolyn Berger Justice -2-

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