Faucett v. Vasquez
N/AOUTCOME: Reversed in part and remanded
Mother appealed trial court's decision to allow the couple's child to remain with the stepmother during father's deployment to Iraq. In this case of first impression in New Jersey, it presented a ques ... tion of whether in a case where there are two fit parents, a parental presumption exists for the other parent to assume full residential custody in the absence of the other parent. The Appellate Division held that the parental presumption does not apply, but that in a case when a parent will be absent for a year or more, the other parent has already met the burden of establishing a prima facie case for changed circumstances that warrants a plenary hearing for change of custody (based on the best interests of the child). Accordingly, the Appellate Division partially reversed the trial court and remanded back for a trial on these issues. Appellant, Darianna Vasquez plans to further appeal this ruling to the N.J. Supreme Court since this issue has very important public policy implications as well as significant implications involving parental rights.
