A.W. v. T.D.

L.R. JONES, J.S.C.

This case presents a serious issue of first impression regarding the impact a terminal cancer diagnosis may have on an existing custody arrangement. Plaintiff-father, who is the non-custodial parent, seeks an order granting emergency transfer of residential custody of the parties’ three minor children from defendant-mother, on the grounds that she now has incurable stage IV breast cancer requiring various medical interventions. Defendant objects to plaintiffs application, and requests to retain custody of the children at this time.

For the reasons set forth in this opinion,…