Berman v. Berman

Plaintiff appeals from a judgment of the trial court awarding custody of the litigants’ four-year-old adopted daughter to defendant. Custody was previously awarded to plaintiff pursuant to a provision in the parties’ divorce decree that required them to petition the court after six months for a review and reevaluation of the custody determination.

Prior to the custody hearing, plaintiff made a motion in limine to require the defendant at the hearing to show by clear and convincing evidence that a change in custody was in the best interests of the child. Plaintiff argued that, notwithstanding…