Aksamit v. Krahn

In Aksamit's (plaintiff) divorce and custody dispute with Krahn (defendant), the trial court appointed a best-interests attorney to represent the children's interests; although never sworn as a witness, the attorney submitted a report detailing interviews with the parties and children and recommending sole custody to Aksamit, which the trial court relied on heavily in its custody ruling. Krahn appealed, arguing it was improper for the court to consider that report as evidence.