In Re the Marriage of Norton

Facts and Proceedings Below

Appellant, Rachelle Norton, and respondent, Peter Norton, have been involved in lengthy and complicated marriage dissolution proceedings. Ms. Norton has brought Mr. Norton to court several times. The present proceeding involves the custody of the parties’ 2 minor children, Mark and Jason, who were 11 and 10 at the time of the trial court proceedings. Mark has had severe asthma since birth. He must take medication and use sophisticated apparatus to control his condition. Ms. Norton had custody of the two boys until Mr. Norton gained physical custody in September 1986. Before Mr. Norton gained custody, he was given liberal visitation rights.

Since Mr. Norton gained custody, he has assumed complete responsibility for Mark’s physical condition. Mr. Norton frequently takes the boys skiing for the weekend. He also takes them to other sporting events. Because of Mr. Norton’s demanding job, he hired a woman to care for the children while he works. His mother, along with other relatives, also cares for the boys when he is unavailable. When Mr. Norton is out of town on business, Ms. Norton often cares for the boys.

At one point Mark was performing…