Baker-Grenier v. Grenier
2014 Conn. App. LEXIS 5
Conn. App. Ct.2014Background
- Parties married Feb 23, 2005; one child, Anthony (b. June 26, 1998).
- Dissolution judgment (Mar 31, 2009) provided for shared custody and defendant's child support.
- April 15, 2011 defendant moved to modify custody seeking physical custody with visitation in plaintiff.
- Guardian ad litem appointed; comprehensive evaluation ordered.
- FR Office evaluation recommended continued joint legal custody with defendant primary physical custody and final decision-making authority.
- Court granted defendant's motion to modify custody in Aug. 9, 2012; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a substantial change in circumstances warranting modification? | Baker-Grenier argues substantial change existed. | Grenier contends change was established by plaintiff's own action. | Yes; court found substantial change supported modification. |
| Was modification in the child’s best interests and within the court’s discretion? | Modification not in child’s best interests. | Modification aligned with best interests and evidence. | Yes; court acted within its broad discretion in best interests analysis. |
| Whether appellate review of custody decisions is properly deferential? | Affirmed; standard is abuse of discretion with deference to trial court. |
Key Cases Cited
- Ford v. Ford, 68 Conn. App. 173 (2002) (custody modification reviewed for abuse of discretion; best interests standard)
- Kelly v. Kelly, 54 Conn. App. 50 (1999) (requirement of substantial change or best-interests basis for modification)