Wener v. Wener
Annotate this CaseMother appealed a superior court order finding that her proposed relocation and parents’ breakdown in communication were changed circumstances warranting modification of parental rights and responsibilities and transferring sole legal and physical responsibilities of their autistic son to father. She argued that the court erred in finding a real, substantial, and unanticipated change in circumstances, and that the decision to modify the extant custody agreement was not in the best interests of the child. After review, the Supreme Court affirmed the court’s finding of changed circumstances with respect to the court’s award of legal rights and responsibilities to father based on the breakdown in parental cooperation, but reversed and remanded the modification in the order with respect to physical rights and responsibilities and parent-child contact.
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