Saturday, October 15, 2011

Judge: Father's involvement deserves primary custody

A Lehigh County Court child custody case, decided seven weeks ago, offers an example of how a judge ruled on a relocation issue (see the Blog article immediately below for an explanation of custodial relocation).
The case involved one child, who required special educational services due to his ADHD (Attention Deficit Hyperactivity Disorder).
The child's parents had separated, with Father remaining in Lehigh County and Mother moving in with her parents upstate, about 80 miles from the family home.
Both Father and Mother sought primary custody.
Mother's petition for custody, pursuant to the new child custody law, included a request to relocate with the child to her parents' upstate home.
After hearing testimony, the judge awarded Father primary custody.
Father had played a greater role in helping the child cope with his learning disability, the judge determined, which made Father the more suitable caregiver.
Father's competent involvement in the child's education and therapy demonstrated "that father has a proven system for (the child) which provides stability and continuity in all important aspects of (his) life," the judge concluded.
Mother's request to relocate was denied because the judge determined that, with Father, the child's educational, social, moral and emotional needs would continue to be adequately maintained in Lehigh County.
The judge also thought it significant that Mother did not attend the child's school Christmas pageant.

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