James Allen Austin v. Marely Torres

The divorced father of an seven year old child filed a petition to transfer custody of the child from the mother to himself. The trial court heard expert proof that the child suffered from a rare genetic disorder that can cause grave neurological consequences if the child’s diet is not strictly controlled. The mother’s testimony indicated that she was unconvinced that the child had a disorder and that she was unwilling to adjust the child’s diet to meet his medical needs. The court found that there had been a material change of circumstances and that it was in the best interest of the child that custody be transferred to the father, with the mother’s visitation limited to fifty days per year. The mother argues on appeal that the trial court’s order should be reversed because it committed a number of procedural errors in the course of the custody proceedings. We affirm the trial court.