Sunday, April 12, 2015

custody - modification


R.S. v. T.T. – Superior Court – April 10, 2015

 


 

The lower court erred in modifying an order which gave parents roughly equal physical custody.   The “slight unpleasantness” that might be involved in the 35-40 minute car ride to school when child was with father was not a “special circumstance” and did not justify any modification.   Moreover, the trial court did not discuss any possible harm to the child that would ensue in  “uprooting “ the child from “the care pattern he has known from a young age” and “dramatically reduc(ing)” father’s custody time, especially considering the court’s finding that mother was less likely than father to encourage a relationship with the other parent. 

 

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This  summary is also posted at the PLAN Legal Update http://planupdate.blogspot.com/, which is searchable  and can be accessed without a password.

 

If the case is not recent, the link in this posting may not work.  In that event, search for the case by name and date on Westlaw, Lexis, Google Scholar, or the court website http://www.pacourts.us/courts/supreme-court/court-opinions/, where the opinions of all state appellate courts can be found.

 

 

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