Lawyers Weekly, "This Week's Decisions" dated 12/23/19
Where a judgment of divorce nisi granted the parties joint legal custody of their two minor children, the award of joint legal custody was not adequatey supported by the judge's findings and the evidence at trial.
Reversed.
"Here, the judge apparently credited the (guardian ad litem (GAL)'s observations of the parties' discord and inability to agree, as he found the parties to 'have hopelessly conflicting parenting styles, and unfortunately this conflict has evidently affected the part(ies') elder daughter ... the most.' In reviewing the judge's findings, however,' we cannot ascertain why he chose not to follow the recommendation) of the GAL' to grant sole legal custody to the wife. ...To be sure, a judge is not required to adopt a GAL's recommendation. ... However, 'our duty as a reviewing court is to ensure that the record reflects that all relevant factors have been considered by the judge, and that the decision is based on a fair weighing of the factors.' ...Not only did the judge here reject the GAL's recommendation without explanation, the judge failed to address other evidence in the record demonstrating that the parties are unable to agree on major issues involving the children (including issues regarding school, camp, and religion), and that such disagreements are a source of stress for the children. Although the judge may have sought to prevent further conflict by granting the wife final decision-making authority when the parties cannot agree, the apparent necessity of such a safe-guard demonstrates why joint legal custody may be inappropriate. ...
"Accordingly, on this record, the joint custody order is not supported by the judge's findings. On remand, if the judge decides to award one party sole legal custody, the judge may consider an order that requires that party to notify, and obtain input from, the other party regarding all major decisions involving the children."
