Lumbra v. Lumbra

The sole issue on this appeal from a divorce decree of the Washington Superior Court concerns the custody of the two minor children, now ages 10 and 12. The trial court, pursuant to a stipulation of the parties, appointed an attorney to represent the children. 15 V.S.A. § 594. Upon final hearing, over objection of the plaintiff-appellant, the trial court allowed the children’s attorney to make a recommendation as to a custody order. The recommendation resulted from the children’s attorney’s out-of-court investigation. Without making any finding of fact on the children’s best interests, the…