Kaptein v. Kaptein

Heather Kaptein (plaintiff) filed for divorce from Jesse Kaptein (defendant) and sought sole custody of their daughter, C.E.K. The trial court initially granted Heather interim sole custody with supervised visitation, including FaceTime, for Jesse, finding sole custody served C.E.K.'s best interests given Jesse's multiple affairs, unprotected sex with women in various countries, and an unstable, reckless travel lifestyle that endangered his own health and, by extension, Heather's and C.E.K.'s. After Jesse fell behind on child support and violated court orders in 2015 and 2016, the court suspended even his FaceTime visitation. At the final custody hearing, the court granted Heather sole custody permanently and kept the FaceTime suspension in place, citing Heather's strong bond with and full-time care of C.E.K., Jesse's disinterest in raising her, the value of keeping her in her home city, the relative stability of Heather's home, Jesse's moral unfitness, and his noncompliance with court orders. Jesse appealed.