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This is a removal case, however it is stated that
"Where the parent seeking to move has primary physical custody of the children,"
No explanation is provided as to why one parent had primary physical custody, which would led a reasonable person to conclude it is simply the courts bias against shared custody
This case revolves around two parents with their faults. The court finds that one parent is better than two, although it may be argued that it is justified in this case, there should also be the concern that the decision is being made on the basis of the court's own bias towards single parents.
Custody in this case goes to one parent by agreement. Parents generally do not agree to give up custody of their children, so this statement is suspect.
The parent that gains custody then seeks greater child support, when the child support guidelines are changed
Custody in this case is made with allegations and prosecution of violence by one parent against another, as well as violence against a child.
Sole custody is granted to the parent who was the victim of violence, with visitation to the other parent. The parent who gained custody of the children is unsatisfied, and the panel agrees that the lower court judge was too lenient.
MELISSA STONE vs. RAY STONE Meagher
Physical custody in this case is granted to one parent, when that parent treats the other parent poorly, physical custody then goes to shared, and finally sole physical custody to the other parent.
It is no secret that treating people as equals is a better way to resolve conflicts, when they court ignores this is anyones guess
CARE AND PROTECTION OF ZEB Gershengorn
The parents engaged in domestic violence and drug use which is determined to not be a good environment to raise children
Custody in this case goes to one parent by agreement. Parents generally do not agree to give up custody of their children, so this statement is suspect.
This creates conflict, so the parent that had lost custody tries to have more time with their child
SANDRA BOLDUC vs. JOHN NICOLETTI Sahagian
One parent loses custody of their children, the justification is that that parent did not get along with the other parent in a manner approved by the court, not a legal standard, but certainly supportive of the desire for sole custody
In this case one parent is granted sole custody, legal and physical, perhaps for good reason. None the less it does not work out well
This opinion clearly shows the courts bias against shared parenting, and its belief that shared parenting is not in a child's best interest
This opinion clearly shows the courts bias against shared parenting.
After the lower court judge orders sole physical custody, the other parent challenges the decision with this appeal
The statement:
"The determination of which parent will promote a child's best interests"
makes clear the court's bias against shared parenting
P. S. vs. M. S Boyle
In this case the lower court ordered sole physical custody by one parent. Even though this fact has little to do with this case, the panel felt the need to mention it. No justification is given for making such an order
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