Custody 2025

A parent is found unfit to parent and loses custody of their child

A parenting plan is changed because one parent moved beyond a ten-mile range of the other. When further changes are made this appeal results on a procedural basis

Both parents are found to be unfit and loses custody of their children, but the door to further appeal remains open

A parent is found unfit to parent and loses custody of some of her children, but the door to reunification remains open

One parent is granted sole legal custody on a modification.  The justification is vague; it appears to the court is relying on the biased position of winners and losers, rather than the best interests of the child

"The agreement, the relevant provisions of which merged with the divorce judgment, provided that (1) the wife would have primary physical custody of the children, with the husband caring for them approximately one-third of the time beginning in 2019;"

It is unlikely that a parent would have given up custody of their child by agreement.  What is more likely is that that parent was given poor council, and a judge allowed this deception.  The fact that the next action taken was to challenge this agreement, proves the point.

Treating people as equals is good practice

A parent tries to bring their child back into their life after several years absence.  Although the court initially agrees to allow this to happy, when there is resistance to this change, the court then opposes the reunification

In this appeal the grandparents tried to gain custody of their grandchildren, one parent was found to be fit and retained custody of the child

"The schedule specified that the mother would have parenting time with the children for eight overnights in each fourteen-day period and the father would have parenting time for six."

Unfortunately, this looks like one parent was favored over the other, a sure patch to conflict, and then the conflict came

"Following a trial, on June 22, 2020, a judge entered a judgment of divorce nisi and awarded sole legal custody of the parties' minor child to the mother with extensive parenting time for the father. The child would also "reside primarily" with the mother."

No explanation is given for taking legal custody away from one parent Although it is claimed that father received "extensive parenting time", it was still decided that the child would "reside primarily with the mother", no explanation is given for this part of the decision, and is most likely based on inappropriate bias of the court.

"MacKenzie's role as the primary caretaker of the parties' child,"

A passing reference, however, no backup is provided to support this claim.  It is just as likely that the court was relying on their bias of one child, one parent.

A parent is found to be unfit and loses custody of their child

"Approving an agreement of the parties, a judge of the Probate and Family Court awarded sole custody of the son to Michael C. Janes (father) and sole custody of the daughter to Sarah Files (mother)"

It's hard to imagine how an agreement like this is in the best interest of the children.  The subject of this opinion is not actually about custody, but other failings of the parties when it comes to legal agreements.

A parent is found to be unfit, custody went to the other parent

The law with regards to custody of children requires that the courts act in the children's best interest.   As soon as the court moves away from this standard, then they are doing the children no good.

In this case the panel quickly moves to 

"[T]he determination of which parent will promote a child's best interests rests within the discretion of the judge . . . [whose] findings . . . must stand unless they are plainly wrong"

which is not the law but a justification for sole custody.  While there are reasons for sole custody, they often are not met but the court decides to go in that direction anyway, often due to inappropriate bias

In this case it is hard to tell if there was any justification for taking custody away from either parent.

Both parents are found to be unfit and lose custody of their child

A parent is found to be unfit, but the parental rights are not terminated, the court affirms these decisions