Child Custody Updates
Divorce Modification
A New York court agreed with the father that a mother’s proposed move from New York to South Carolina would not be in the child’s best interest, noting “that the father has exercised his visitation almost every weekend since the parties’ separation and has remained active in the child’s life.” Martino v. Ramos, No. 64 A.D. 657, ___ N.Y.S.2d ___, 2009 WL 2032366 (N.Y. App. July 14, 2009). In Perry v. Korman, 63 App. Div. 3d, 880 N.Y.S.2d 815 (2009), the court reversed a trial court’s modification order granting custody to the father, even though the mother had moved six times in eight years, because other evidence favored the child remaining with her mother. A California appellate court mandamused a trial court that allowed a mother to move to Arizona during the pendency of a divorce because the trial court did not consider the child’s best interest but only whether the father had proved a change in circumstances. Keith R. v. Superior Court, 174 Cal. App. 4th 1047, 96 Cal. Rptr. 3d 298 (2009).
Divorce Settlement
In a pair of divorce cases, the North Dakota Supreme Court found one settlement agreement unconscionable but upheld another one. In Eberle v. Eberle, 2009 N.D. 107, 766 N.W.2d 477 (2009), the court held a settlement agreement unconscionable when the wife testified that the was on medication when she signed it, that the husband would not leave the house until she signed, that she did not read the agreement or consult an attorney, and that “no rational person would accept” the agreement. In Vann v. Vann, 2009 N.D. 118, 767 N.W.2d 855 (2009), the court upheld a settlement agreement despite the husband’s testimony that he did not read the agreement or consult an attorney and that he suffered from alcoholism, depression and anxiety. The court noted that according to the wife, the husband “had not consumed any alcohol for three full days” prior to the date the parties signed the agreement.
This shows you some decisions from other courts that are relevant in Utah. Even though these are not decisions from Utah it is still influential and gives you information relating to your divorce. As Utah Divorce Attorneys, Arnold, Wadsworth & Coggins can help you reach your child custody goals. We will also take the time to sit down with you and discuss your case and what we think are the chances of the outcome you are seeking. Give us a call today for a free consultation at (801) 475-0123.
