Last week we blogged about a recent unreported Appellate Division case where I was the attorney for the winning party at trial and on appeal. To view the prior post, click
modification of custody
Change of Circumstances for Changing Custody
There are times when litigants, without first seeking the advice of an attorney or at times, disregarding the advice of counsel, will file, on their own, motions to the court seeking to change or modify certain aspects of a previously entered agreement reached in resolution of a divorce proceeding or order entered by a court. For example, an application seeking to change the custodial arrangement for a child. Certainly individuals have open access to the courts and can choose to represent themselves in court in any type of proceeding. However, this may not always be the best choice without first knowing, understanding and appreciating the ramifications of the action.
That said, in the recent unpublished deicion of Cacici v. Gallagher, A-4890-07T1, decided February 25, 2009 the parties had been divorced since 1997. They had previously agreed to joint legal custody of their child and the defendant was designated primary residential parent. This lasted for some time with plaintiff enjoying liberal visitation with the child. Initially, after the divorce, the parties got along amicably and had a high level of communication with regards to issues involving their child.
In 2006, defendant was diagnosed with stage-four cancer and underwent surgery. As a result of her serious illness, she was unable to care for the child and other issues related to the child emerged. Plaintiff took residential custody of the child and on February 15, 2007, he was granted temporary residential custody of the child due to her difficulties in dealing with defendant’s illness. The child was having documented difficulties in dealing with her mother’s illness that affected her school work, her moods, her personality, etc. These changes were noted by the school’s counselors and the child’s therapist along with plaintiff.
In 2008, defendant filed, Pro Se (representing herself) an emergent application requesting additional parenting time with the child, alleging that plaintiff was alienating the child and that plaintiff would not allow the child to attend a pre-planned vacation with her This application was denied and converted into a motion. Plaintiff filed a cross motion alleging several infractions of the parties’ Property Settlement Agreement and requesting a denial of defendant’s requests regarding parenting time and custody issues.Continue Reading Change of Circumstances for Changing Custody
My Child Wants to Live with Me
So often I hear this statement from a client in a case in which custody is an issue. The next question is usually, “can my child tell the judge what he…