Wissink v. Wissink

David (defendant) had a documented history of domestic violence against Jane (plaintiff), witnessed at times by their teenage daughter Andrea, though David was never physically abusive to Andrea herself and was otherwise a good parent to her. At trial, Andrea denied witnessing any abuse and expressed a preference to live with David; a court-ordered evaluation consisting of two 45-minute social-worker interviews concluded Andrea had a better relationship with and preferred David. The trial court, stating it had considered David's abuse history, awarded him custody, and Jane appealed.

Whether, in any action concerning custody or visitation where domestic violence is alleged, the court must consider the effect of the domestic violence upon the best interests of the child, together with other factors deemed relevant in making an award of custody.