Case Caption: Alicea v. Meyers Case Number: SCT-CIV-2019-0097Date: 11/18/2021Author: Hodge, Rhys S. Citation: 2021 V.I. 21Summary: The Superior Court’s March 25, 2019 opinion and order, which awarded custody of the appellant mother’s minor child to his father is affirmed. While a timely notice of this appeal was not filed, and a motion for reconsideration treated as a motion for relief from the judgment arising under Rule 59(e) of the Virgin Islands Rules of Civil Procedure only tolls the time for filing an appeal until 30 days after that motion is denied, the timelines for filing a notice of appeal are case-processing rules and may, therefore, be waived by an opposing party’s failure to object. Here, considering this appeal on the merits would further, rather than undermine, the administration of justice and lead to more efficient use of judicial resources. On the merits, applying the best interests of the child standard, the Superior Court did not abuse its discretion in determining that the father possessed a greater ability and willingness to nurture the child, and committed no error when it failed to credit the mother as the child’s primary caregiver, and consequently did not abuse its discretion when it awarded custody to the father. Alleged error in failing to appoint a guardian ad litem for the child was waived due to failure to move for appointment of a guardian ad litem at any time prior to the mother’s post-judgment motion, and the Superior Court did not abuse its discretion when it failed to appoint a guardian ad litem sua sponte. Appellant also did not request an in camera interview before or during the hearing below, but did so for the first time during closing arguments; because this issue was never fairly presented to the Superior Court, it has been waived for purposes of appeal.Attachment: Open Document or Opinion