S.D. brought a motion for summary judgment seeking sole custody of the two children of the marriage and access for R.J. in accordance with the children's wishes.
The court reviewed R.J.'s history of mental illness, non-compliance with medication, and past violence towards one child, as well as the children's expressed preferences to live with S.D. and have supervised, limited contact with R.J. The court found no genuine issue requiring a trial for custody and access, concluding that it was in the children's best interests to grant S.D. sole custody and R.J. access consistent with the children's wishes, contingent on R.J.'s compliance with treatment.
The motion for partial summary judgment was allowed.