Marriage of Turner CA4/2

INTRODUCTION

Following a contentious child custody trial, the trial court found that it was in K

1 Turner’s best interests to leave her mother’s home and reside primarily with her father,

Matthew Turner (Father). Jennifer Turner (Mother) appeals the August 13, 2013 order.

Mother contends the trial court abused its discretion in ordering primary physical custody

of K. (born in May 2005) changed to Father. Mother argues Father did not satisfy his

substantial burden of proving changed circumstances, detriment, or that giving Father

primary custody was in K.’s best interests. Mother also argues the trial court’s failure to

appoint counsel for K. violated K.’s due process rights.

We conclude that because the parents were unofficially sharing joint physical

custody 50/50 when Father relocated, the trial court correctly considered de novo the best

interests of the child when determining whether to modify custody. In doing so, the court

did not abuse its discretion in giving Father primary custody, because Mother had a

history of alienating K. from Father and not adequately providing for her child’s physical

and emotional needs. We also reject Mother’s objection to the trial…