Russell v. Russell

MICHAEL A. WOLFF, Chief Justice.

Introduction

What is the legal standard for modification of a judgment granting joint physical custody of a minor child?

The modification in this case, as in many such cases, involves scheduling of time between mother and father. The statute governing modifications of custody judgments requires that there be a change in circumstances and that the modification be in the best interest of the child. For visitation questions, the statute requires simply that the proposed change be in the best interest of the child.

A brief impressionistic history will illustrate the…