Conway v. Gartmond

Summary

The court affirmed the denial of the father’s request to modify an existing custody arrangement and award him sole legal and physical custody, finding no sufficient change in circumstances. It modified the visitation schedule to provide alternate-weekend visitation from Friday evening through Monday evening and weekly visitation from Wednesday evening through Friday evening.

Holdings

1. The father failed to establish a change in circumstances sufficient to warrant changing custody, and the child should remain in the mother's sole physical custody.
2. The Family Court improvidently exercised its discretion by limiting the father's weekly overnight visitation to Thursday at 8:30 p.m.; the visitation order was modified to extend the weekly visitation through Friday at 6:00 p.m.

Questions Presented

1. Whether the father established a subsequent change in circumstances sufficient to warrant modifying the existing custody arrangement and awarding him sole legal and physical custody.
2. Whether the Family Court properly exercised its discretion in setting the father's expanded visitation schedule.

Disposition

affirmed