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Damone v. Damone9/14/2001
st] appear on the record." V.R.E. 103(a)(1). The court's ruling granting plaintiff primary parental rights and responsibilities for the children clearly affects a substantial right of defendant. Guardianship of H.L., 143 Vt. 62, 65, 460 A.2d 478, 479 (1983) ("Both the right of a parent to custody and the liberty interest of parents and children to relate to one another in the context of the family, free of governmental interference, are basic rights protected by the due process clause of the Fourteenth Amendment to the United States Constitution." (citing Santosky v. Kramer, 455 U.S. 745, 753 (1982); Rutherford v. Best, 139 Vt. 56, 60, 421 A.2d 1303, 1306 (1980)).
However, plaintiff is correct that defendant did not adhere to the requirement of entering a formal objection, as set forth in Rule 103. Defendant "cannot claim error in admission of evidence unless he made a timely objection or motion to strike during trial. The objection must have been made at the time the evidence was offered or the question was asked." State v. Fisher, 167 Vt. 36, 43, 702 A.2d 41, 45 (1997) (citing V.R.E. 103 (a)(1); Brown v. Pilini, 128 Vt. 324, 330, 262 A.2d 479, 482 (1970)); see also Bull v. Pinkham Eng'g Ass'n., Inc., 170 Vt. 450, 459, 752 A.2d 26, 33 (2000) ("Contentions not raised or fairly presented to the trial court are not preserved for appeal."). Therefore, because he failed to object to the testimony when it was proffered to the court, defendant cannot now claim on appeal that admission of the GAL's testimony was error.
Affirmed in part, reversed in part and remanded for recalculation of the property settlement and maintenance award consistent with the views expressed herein.
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