David S. Rearick v. Elena R. Kohout ( 2015 )

MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2015 ME 159
Docket: Fra-15-290
Submitted
On Briefs: November 19, 2015
Decided: December 3, 2015
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, and HJELM, JJ.
DAVID S. REARICK
v.
ELENA R. KOHOUT
PER CURIAM
[¶1] Elena R. Kohout appeals from a judgment of the District Court
(Farmington, Dow, J.) awarding David S. Rearick primary residence and sole
parental rights and responsibilities of the parties’ minor child, and requiring that
Kohout’s contact with the child be supervised.
[¶2] Contrary to Kohout’s contentions, when viewed in the light most
favorable to the judgment, see Young v. Young, 2015 ME 89, ¶ 2, 120 A.3d 106,
the evidence was sufficient to support the court’s findings and conclusions
regarding the child’s best interests. 19-A M.R.S. § 1653(3) (2014).
[¶3] Pursuant to 19-A M.R.S. § 1653(2)(D)(4) (2014), however, a judgment
awarding parental rights and responsibilities must include
2
[a] statement that each parent must have access to records and
information pertaining to a minor child, including, but not limited to,
medical, dental and school records and other information on school
activities, whether or not the child resides with the parent, unless that
access is found not to be in the best interest of the child or that access
is found to be sought for the purpose of causing detriment to the other
parent. If that access is not ordered, the court shall state in the order
its reasons for denying that access.
As Kohout correctly argues, the judgment here did not include a statement
regarding the nature and extent of the parties’ access to records, and we therefore
remand this matter so that the court may supplement the judgment in order to
satisfy this statutory requirement. We affirm the judgment in all other respects.
The entry is:
Judgment affirmed. Remanded to the District
Court to amend the judgment in conformity with
19-A M.R.S. § 1653(2)(D)(4) (2014).
On the briefs:
Elena R. Kohout, appellant pro se
Christopher S. Berryment, Esq., Mexico, for appellee David S.
Rearick
Farmington District Court docket number FM-2014-59
FOR CLERK REFERENCE ONLY