Stephanie Kessler v Robert Kessler
Dec 06, 2011OUTCOME: The case was remanded for a new custody trial.
During divorce proceedings, Plaintiff-Mother and Defendant-Father continued to live in the marital home with their 3 young children. Each party sought physical custody of the children. During the proc ... eedings, Plaintiff-Mother was offered and accepted a new job within her company requiring a relocation to Florida. She raised the issue of a change of domicile for the minor children. The Court of Appeals determined that the existance of an established custodial environment must be established by the trial judge before engaging in the best interest analysis. The lower court failed to make a finding as to whether an established custodial environment existed with Mother, Father, both or neither parent. This is mandatory in order to apply the proper evidentiary statndard for the best interest analysis. The case was remanded for a new custody trial. The Court of Appeals also determined that it was not necessary for the trial court to consider the change of domicile factors as set forth in the statute because the statute only applies where there is a prior court order. In the Kessler matter, a custody and/or parenting time order did not exist. The parties had a parenting schedule but this was not set forth in an Order of the Court.
