Parent and child – Joint custody

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Where a judge granted a mother and father joint legal custody over their child, that decision must be reversed because the judge’s findings do not support the conclusion that the parties can meaningfully cooperate in making decisions for the child.

“… In her report, [a guardian ad litem (GAL)] concluded, among other things, that the father had perpetrated domestic violence against the mother, and recommended that the mother receive sole legal custody of the child.

“Following a two-day trial, the judge issued an amended judgment, dated April 9, 2018, that (1) granted the parties joint legal custody, (2) gave the mother primary physical custody, and (3) allowed the mother to permanently remove the child to New Jersey. …

“We have reviewed the record carefully and conclude that the judge’s findings do not support an award of joint legal custody and, consequently, that so much of the amended judgment that orders joint legal custody constitutes an abuse of discretion. …

“Here, though the judge did find that the parties have been able to agree on some decisions regarding the child, for the most part, the findings describe a highly contentious relationship. … While we are mindful of the deference to be accorded a judge’s custody determination, … here, the judge’s findings, taken together and as set forth above, do not support the conclusion that the parties can meaningfully cooperate in making decisions for the child. As such, so much of the amended judgment as orders joint legal custody cannot stand, and on remand the amended judgment shall be modified to order sole legal custody of the child to the mother. On remand, the judge may determine appropriate parameters for sole legal custody, including the extent to which the mother shall be obligated to inform, and seek input from, the father regarding major life decisions pertaining to the child’s health, education, and welfare. We note, however, that the mother shall be granted final decision-making authority in all instances where the parties cannot agree. …

“So much of the amended judgment as awards the parties joint legal custody of the child is vacated, and the matter is remanded to the Probate and Family Court for modification of the amended judgment consistent with this memorandum and order.”

Ogles v. Johnson (Lawyers Weekly No. 81-113-19) (6 pages) (Docket No. 18-P-841) (June 20, 2019).

Click here to read the full text of the opinion.