In re the Marriage of Taddeo-Smith

¶1 A parenting plan may be modified if it is shown that the children have been integrated into the family of the petitioning parent with the consent of the other parent in substantial deviation from the original parenting plan. “Consent” refers to a voluntary acquiescence to surrender of legal custody. Here the superior court found, and all of the evidence in the record indicates, that the mother, Denise Taddeo-Smith, agreed to allow the father, J. Myron Smith, to care for their children temporarily, while she was in the hospital recovering from a car accident. Because Denise’s agreement to…