Morton v. Morton

The petitioner father is seeking physical custody of his son, Jason, and his daughter, Yvonne. Physical custody of Yvonne was granted to the respondent mother pursuant to an order entered in 1985; that order did not, however, determine the custodial status of Jason. The Family Court dismissed the petition. We reverse.

The Family Court applied the incorrect standard in disposing of this petition. The court considered it determinative that there had been no significant change in circumstances since the entry of the earlier order. Instead, the court should have considered the totality of the…