Timothy Dasler v. Jennifer Dasler
Is it a violation of 14th Amendment right of equal protection when a single self serving accusation by Ms. Dasler is used as the basis to permanently award her sole parental rights while Mr. Dasler claims his 5th amendment right to remain silent pending his trial, yet the court ignores Ms. Dasler's sworn statements admitting to more than 70 incidents of domestic violence, both of which fall under the same statutory factor 15 V.S.A. § 665(9) in 'best interest of the child', and neither parent is found to be unfit?
Does a significant divergence of a summary order and the record lead to reversal and a new hearing, particularly when a 14th Amendment protected right is permanently restricted without meeting a state requirement of either 'preponderance of evidence' or 'clear and credible evidence' standards in the proceedings?
Does the citation of mutually exclusive standards (Cabot App.2a and MacCormack App.3a) indicate unequal opportunity to appeal when fact finding of the lower court may or may not need to be reasonable in light of the evidence depending on which of these standards the VT Supreme Court chooses to apply in that case?
Does it lead to reversal when the court applies different standards to each party, applying Ms. Dasler's net income against Mr. Dasler's gross income (App. 74a, App.47a ¶ 180, and App. 49 ¶ 190), applying Ms. Dasler's debt against assets, but not Mr. Dasler's debt against his assets, and wholly ignoring the statutory factors of 'equity' 15 V.S.A. § 751(b) when awarding assets?
Is it a violation of 14th Amendment right of equal protection when a single self-serving accusation is used as the basis to permanently award sole parental rights while the other parent claims 5th Amendment right to remain silent pending trial, yet the court ignores the other parent's sworn statements admitting to domestic violence?