Morrisey v. Morrisey

STEELE, Chief Justice:

A father filed a motion to modify a child custody and visitation agreement in the Family Court. The trial judge denied the father’s motion, holding that contract principles govern the agreement and bar the trial court from modifying unambiguous contract language. On appeal, the father claims that the trial judge erroneously applied contract principles to a custody and visitation agreement instead of applying the best interests of the child test as required under 13 Del. C. § 722. Since the modification requested here should have been reviewed under the best interest of…