Bearfield v. Sink

The case is held, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: The record establishes that on June 7, 2005, the parties consented to an order of joint custody with regard to their daughter, with primary placement to father. An order memorializing this agreement was entered on July 8, 2005. On July 11, 2005, mother filed a modification petition seeking custody of the child. Family Court dismissed the petition, without a hearing, based upon the failure to state a change of circumstances. Mother’s assigned counsel on appeal has moved to be…