Custody

Presented in this unsigned opinion is the case of a mother giving birth to a child, and the child has illicit drugs in their blood threatening the well being of the child.  The mother loses custody of the child and custody is given to father who is not married to the mother.  

DCF, with the courts support, chooses to treat the father as if he had short comings as a parent as well.  The father objects to the way he is treated, and this appeal results.  Although the actions against the father are eventually dropped, he chooses to fight the good fight, but to no avail.

"Pursuant to the divorce judgment, the mother received physical custody of the then-minor children, and the parties were to share legal custody."

This opinion is actually not about child custody, it is about alimony and child support.  However the above comment is included in the opinion.  There is no explanation for any parent losing custody, and there does not need to, since custody is not the issue.  This is simply the court's attempt to normalize parents losing custody of their children without explanation

Affirmed

in this care and protection case the court sets new standards for review of the cases by the lower courts

Custody is taken from one parent, perhaps for good reason.  None the less that action does not calm down a chaotic relationship.  The lower court judge goes beyond their authority while trying to address issues with these parties and the case is remanded.

Appellant Brief, Appellee Brief, Appellant Reply Brief, Amicus Women's Bar, Amicus A Father, Amicus DV Legal Empowerment, Amicus Todd & Weld

Joint custody, both legal and physical, is ordered after a divorce.  One parent attempts to modify this order, and instead loses legal custody.  

BENJAMIN H. MILLER vs. JOANNA ISABELLA MILLER  Gorman 

Gants, C.J., Lenk, Gaziano, Budd, Cypher, Kafker 

Appellant Brief, Appellee Brief

Both parents are found to be capable and fit parents, yet one loses custody.  The reason for the loss of custody is never explained