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Singh, Matter of

Facts

The parties, who were never married, have two children together, a daughter born in 2010 and a son born in 2013. In a prior order dated May 12, 2020, the Family Court awarded joint legal and physical custody of the children and established a parental access schedule. In March 2022, the mother filed a petition to modify the prior order to obtain sole custody of the son and change the father's parental access. The father subsequently filed a petition seeking sole custody of the children.

The parties, who were never married to each other, have two children together, a daughter born in 2010 and a son born in 2013. In an order dated May 12, 2020 (hereinafter the prior order), issued on consent of the parties, the Family Court awarded the parties joint legal and physical custody of the children and issued a parental access schedule. In March 2022, the mother filed a petition to modify the prior order, inter alia, so as to award her sole custody of the parties' son and to change the father's parental access. Shortly thereafter, the father filed a petition to modify the prior order, among other things, so as to award him sole custody of the parties' children.

Issue

Whether the Family Court properly awarded the father decision-making authority regarding the son's educational needs and extracurricular activities, and whether it was appropriate to maintain the existing parental access schedule.

Whether the Family Court properly awarded the father decision-making authority regarding the son's educational needs and extracurricular activities, and whether it was appropriate to maintain the existing parental access schedule.

Rule

A court may modify an order awarding custody and parental access upon a showing of a subsequent change in circumstances and that modification is in the best interests of the child.

A court may modify an order awarding custody and parental access upon a showing that there has been a subsequent change in circumstances and that modification is in the best interests of the child.

Analysis

The court found that there was a change in circumstances that warranted modifying the prior order. It determined that the Family Court had a sound and substantial basis for awarding the father decision-making authority regarding the son's educational needs and extracurricular activities. The court also noted that the Family Court's decision to maintain the parental access schedule was supported by the record.

The court found that there was a change in circumstances that warranted modifying the prior order. It determined that the Family Court had a sound and substantial basis for awarding the father decision-making authority regarding the son's educational needs and extracurricular activities. The court also noted that the Family Court's decision to maintain the parental access schedule was supported by the record.

Conclusion

The court affirmed the Family Court's order, concluding that the decisions made were in the best interests of the child.

The court affirmed the Family Court's order, concluding that the decisions made were in the best interests of the child.

Who won?

The father prevailed in the case because the court found a sound and substantial basis for awarding him decision-making authority regarding the son's educational needs and extracurricular activities.

The father prevailed in the case because the court found a sound and substantial basis for awarding him decision-making authority regarding the son's educational needs and extracurricular activities.

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