Karen Begins v. David Begins

Summary

The Supreme Court of Vermont affirmed the family court's spousal maintenance award and its findings valuing mother's business and earnings, but reversed the award of parental rights and responsibilities to father and the attorney's fee award. Holding that a parent who willfully alienates a child from the other parent may not be awarded custody based on that alienation, the court found the custody award untenable because the trial court's own unchallenged findings established that father's 'constant poisoning' of the children's relationship with mother was the single most significant cause of their estrangement, while mother was the custodian of choice on the most important statutory criteria. The fee award was reversed because the court considered only mother's use of multiple counsel and failed to address the parties' respective financial needs and ability to pay. The case was remanded for reconsideration of parental rights and responsibilities, visitation, and attorney's fees.