Child Custody Opinions
2015
This page lists decisions made by the Supreme and Appeals court, which touch on the issue of custody. Although there is nothing in the laws that mandates nor encourages the courts to order sole physical custody, it is obvious that our courts are biased in favor of sole physical custody also known as primary custody
The current law states:
“In making an order or judgment relative to the custody of children, the rights of the parents shall, in the absence of misconduct, be held to be equal”
Unfortunately all too often the courts make clear their bias for sole physical custody
Opinions:
One parent loses custody, and problems ensue. There is no explanation for the lose of custody.
Not a particularly well written opinion. From it one cannot tell what was going on in this case.
Once again sole custody. Although the parties did not get along with each other there is no mention of them being bad parents.
This case starts out with sole custody and a very imbalanced parenting plan. Litigation continues with the parenting plan becoming more balanced. There is no explanation for the lose of custody nor the imbalanced plan. Thankful the court tried to move a more appropriate plan
Poor case management on the part of the lower court judge. The case went from shared custody, to sole and shared, etc. Too much work and no justification for doing it.
A shared custody case, on modification it remands shared and the opinion of this panel is that it should remain shared, simply amazing
Care should be taken when determining parenting time in cases where there is domestic abuse, as such this case was remanded to further comply
This case starts with shared legal custody and one parent with sole physical custody. That doesn't work so it moves to shared physical custody. Finally the other parent gets sole physical custody.
Never married, shared legal sole physical to one parent, the other parent tries to go back and get shared physical, it doesn't work
Sole custody is given to one parent, this appeal is the result. The panel claims that the lower court had plenty of reasons for ordering sole custody, however the panel chooses not to share what those reasons might be.
Although this case is not about child custody, the fact that the panel found it necessary to mention that sole custody was ordered without explaining why just goes to show how biased the court is against shared custody
Complicated and difficult case it does not appear that both parents were necessarily capable parents, but an attempt was made to accommodate both, however both parents were not satisfied and this appeal resulted.
An example of not putting the record together for the panel
This case is not about custody, however custody is mentioned. One parent loses custody, and by constantly pointing this out the court tries to normalize this inappropriate behavior