R. H. v. B. F.

There has never been any question as to the paternity of the child whose custody was the sole issue in dispute in this action brought under G. L. c. 209C. At the conclusion of the trial on the complaint, the Probate Court judge awarded the parties shared legal custody of their son, with primary physical custody to the father. It is the mother’s principal complaint on appeal that the judgment is tainted by a lack of comprehensive findings on the issue of the father’s physical abuse of her as it relates to his fitness to have shared legal and primary physical custody of their child and by an…