Nemec v. Goeman
Annotate this CaseAfter Father and Mother separated, Mother left the couple's three children with Father's mother (Grandmother). Grandmother later petitioned for guardianship of the children. The petition was granted in 2008. The Supreme Court reversed the order in 2010, and Mother received primary physical custody of the children. Father subsequently filed a petition for custody of the children, which the circuit court granted. The Supreme Court affirmed, holding that the circuit court did not err in (1) considering evidence of Mother's conduct before the 2008 guardianship trial, as res judicata did not bar consideration of the information in the circuit court's determination of Mother's fitness; and (2) concluding that Father rebutted the presumption that he should not receive custody, where the court's findings and conclusions overwhelmingly indicated that it was in the children's best interests that primary physical custody be awarded to Father.
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