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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