Appeals Court Overturns Joint Legal Custody Award

It’s not often that the Appeals Court overturns a Probate Court judgment of joint legal custody, which is why this case caught my attention.  The Probate judge acknowledged that there was great conflict between the parties but found they “were not totally incapable of maintaining a cooperative relationship.”  The conflict, according to the judge, was primarily as a result of poor communication “as between husband and wife” and not regarding the upbringing of the children.  Elsewhere in the judgment, the judge stated s/he was “hopeful” that once the divorce was final, the parties would “slowly develop a relationship as responsible parents with a goal toward communication between them and in the best interests of the children.”

Upon the mother’s appeal, the appellate court reversed, noting that the judge’s findings did not support the judgment – particularly the finding that the parties disagree about the health treatment of the children.  The children, according to the judge’s findings, had “substantial medical issues” and the husband “has a fear of doctors and medical facilities.”  Critically, the father continuously disagreed with the recommended medical treatment of the children.  Another example: despite his daughter’s severe dog allergies, and over the objection of his daughter’s doctor, he allowed a live-in girlfriend to keep a dog in his home when the children visited. Considering these findings, the Appeals Court found that the Probate Judge’s award of joint legal custody was an “abuse of discretion” and reversed. T.D. v. D.D., 2012 Mass.App.Unpub. LEXIS 1022 (October 1, 2012) (Unpublished)