AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a dispute over the primary physical custody of a child. The mother, Robyn C. DeLaRue, challenged the district court's decision to award custody to the father, Kenneth Beasley, Jr., despite her allegations of abuse and neglect by the father towards the child. The mother also raised concerns about perceived biases and misconduct by the legal professionals involved in the case, including lawyers, judges, and the guardian ad litem.

Procedural History

• Appeal from the District Court of San Juan County, Daylene A. Marsh, District Judge, dated February 12, 2013.

Parties' Submissions

• Mother (Appellant): Challenged the district court's award of primary physical custody to the father, alleging abuse and neglect of the child by the father. Additionally, she believed that the legal professionals involved in the case should be reprimanded or disciplined for bias or misconduct.
• State of New Mexico, Human Services Department, Child Support Enforcement Division (Appellee): [Not applicable or not found]

Legal Issues

• Whether the district court abused its discretion in awarding primary physical custody of the child to the father despite the mother's allegations of abuse and neglect.
• Whether the mother preserved the issue of alleged bias or misconduct by legal professionals involved in the case for appeal, and if so, whether there was evidence supporting her claims.

Disposition

• The Court of Appeals proposed to affirm the district court's decision, concluding that the award of primary physical custody to the father was supported by substantial evidence and that the mother did not preserve the issue of alleged bias or misconduct for appeal. Furthermore, it was noted that even if the issue had been preserved, there was no evidence to support the mother's claims.

Reasons

• JAMES J. WECHSLER, Judge (TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge concurring): The Court of Appeals, in its memorandum opinion, addressed the mother's two primary issues. First, it concluded that the district court did not abuse its discretion in awarding primary physical custody to the father, as the decision was supported by substantial evidence (para 2). Second, regarding the mother's concerns about bias and misconduct by legal professionals, the Court noted that the mother did not preserve this issue for appeal. Even if the issue had been preserved, the Court found no evidence of improper bias or misconduct warranting reprimand (para 2). The mother's failure to present new legal or factual arguments in her memorandum in opposition to the proposed summary affirmance led the Court to affirm the district court's decision (para 3).