A.C. v. J.C.
A.C. v. J.C.
Opinion of the Court
J.C. (father) appeals from a judgment of divorce nisi entered in the Probate and Family Court which, among other things, granted his former wife, A.C. (mother), sole legal custody of the parties' two minor children. We affirm.
Background. On November 19, 2013, the parties separated and the mother obtained an abuse prevention order against the father pursuant to G. L. c. 209A, which was later extended to November 16, 2017, following an evidentiary hearing attended by both parties and their respective counsel.
On May 6, 2014, a judge of the Probate and Family Court granted the mother temporary sole legal and physical custody of the children during the pendency of the divorce proceedings. A two-day divorce trial was held before a different judge of the Probate and Family Court on October 5 and October 6, 2015.
On February 9, 2016, the trial judge issued a judgment of divorce nisi, providing, in relevant part, that the mother shall have sole legal custody of the children, and shall keep the "[f]ather informed as to the children's health, education and welfare on a regular basis." The mother also shall contact the father and seek his input for activities for the children.
Discussion. We review custody determinations for an abuse of discretion. Schechter v. Schechter,
The father argues that neither the judge's subsidiary findings, nor the evidence at trial, supports the decision to grant sole legal custody to the mother. We disagree.
"Shared legal custody" is defined as "continued mutual responsibility and involvement by both parents in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development." G. L. c. 208, § 31, as appearing in St. 1989, c. 689. Shared custody is generally not appropriate where the judge's findings demonstrate "that the relationship of the parties has been dysfunctional, virtually nonexistent, and one of continuous conflict." Carr v. Carr,
Moreover, to the extent that the judge considered "evidence of past or present abuse toward a parent or child as a factor contrary to the best interest of the child," G. L. c. 208, § 31A, inserted by St. 1998, c. 179, § 3, we discern no error.
We likewise reject the father's claim that the judge's findings do not have adequate evidentiary support. The judge's findings were based largely on her assessment of each party's credibility at the trial. As there is nothing in the record that would leave us "convinced" that the judge's credibility determinations were "plainly wrong," we decline to disturb them. Zaleski v. Zaleski,
Conclusion. The judgment of divorce nisi, dated February 9, 2016, granting sole legal custody of the parties' minor children to the mother is affirmed.
So ordered.
Affirmed.
The mother had previously filed a complaint for divorce in the Probate and Family Court on August 13, 2013. However, the father was not served with the complaint until December 3, 2013. The father filed his own complaint for divorce in November, 2013, but that complaint was dismissed after service of the mother's complaint.
Due to the mother's pending bankruptcy action, the judge bifurcated and reserved for later adjudication the financial issues, including support and equitable distribution of the marital estate.
The judgment of divorce also granted the mother primary physical custody of the children, with parenting time for the father on Wednesdays and alternating weekends. The physical custody determination is not challenged by the father on appeal.
"[A] judge's discretionary decision constitutes an abuse of discretion where we conclude the judge made a clear error of judgment in weighing the factors relevant to the decision, ... such that the decision falls outside the range of reasonable alternatives." L.L. v. Commonwealth,
The judge found that the father had changed the children's dentist and enrolled them in extracurricular activities without informing the mother.
The judge found that "[i]t is in the best interests of the children for [the] [m]other to have sole legal custody in light of the existence of the [a]buse [p]revention [o]rder and the history of violence and excessive control exhibited by [the] [f]ather toward [the] [m]other."
Indeed, it appears the father was unable to rebut that presumption, as the judge found the father had failed to demonstrate that shared custody was in the children's best interests. See G. L. c. 208, § 31A ("Such presumption may be rebutted by a preponderance of the evidence that [a shared] custody award is in the best interests of the child"). Moreover, the judge considered the effects of the abuse on the children, as she found that some of the abuse had been witnessed by the children and the children had been "negatively impacted" by the father's "temper and anger issues." See
To the extent that we do not address the father's other contentions, "they 'have not been overlooked. We find nothing in them that requires discussion.' " Department of Rev. v. RyanR.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.