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DecisionsCustody award reversed where domestic violence, visitation interference not addressed in decision

June 23, 2020

The decision is Matter of Michael R. v Pamela G. and at trial, basically, the mother testified about acts of domestic violence in front of the child, and made claims that, among other things, the father had interfered with her visitation and access to the child. Notwithstanding this testimony the trial court granted custody to the father.

The appellate division sent this one back, reversing the decision because the trial court did not address the veracity of this testimony. On appeal it is typical for the appellate court to defer on, say, credibility determinations absent overwhelming evidence to the contrary of the trial court’s leanings.

This case underscores the importance of counsel in making your record – whether you need a family court lawyer, divorce lawyer, or child support lawyer – you need someone making sure your arguments make it on the record.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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