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. 




This  summary is also posted at the PLAN Legal Update, which is searchable  and can be accessed without a password.


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