Ryan v. Flemming

MESCHKE, Justice.

Elizabeth Flemming appealed a decree placing primary physical custody of her son, Robert Jr., with his father, Robert Ryan. We consider the effect of a private judicial interview of a child witness without administering an oath, the effect of violence to property on the presumption against custody by a violent parent, and whether the evidence supported placement of primary custody of a five-year-old boy with his father. We affirm.

Robert and Elizabeth began a relationship in 1987, but never married. Their son, Robert Jr., was born on April 18, 1989. At the time Elizabeth had a…