Marriage of Fitzgerald CA3
This contentious child custody battle between petitioner Sean Fitzgerald (husband) and respondent Ivory Fitzgerald (wife) comes to us after several years of litigation, mostly on the same issues -- wife seeking additional custody and visitation time with their son, B. F., and husband seeking to impose supervision on her visitation because she does not meet B. F.’s needs and presents a risk of abducting the child to the Philippines.
The appeal arises from the trial court’s 2017 decision (2017 decision) in response to husband’s motion to modify the final child custody and visitation orders included in the 2014 judgment dissolving the marriage (judgment). Husband asserts three arguments on appeal: (1) the trial court erred in granting wife’s motion in limine precluding husband from introducing any evidence regarding wife’s alleged rape of husband’s son from a prior marriage, M. F.; (2) the trial court erred in failing to consider and appoint minor’s counsel for B. F.;
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