R.K. v. F.K.

The opinion of the court was delivered by

LEONE, J.S.C. (temporarily assigned).

Plaintiff R.K. (Father) appeals from the Judgment of Divorce which designated defendant F.K. (Mother) as the parent of primary residence. After a seven-day trial, the court denied relief because it found no substantial change of circumstance, and because it relied on the presumption of custody in N.J.S.A. 2C:25-*6029(b)(ll) of the Prevention of Domestic Violence Act of 1991 (DV Act), N.J.S.A. 2C:25-17 to -33. Because the court misapprehended the roles of both the change of circumstances requirement and the presumption,…