Marriage of Witzman
Patricia K. Witzman (Patricia) appeals an order granting in part a request by her former spouse, Scott H. Witzman (Scott), for modification of a child custody and visitation order.[1] The previous child custody and visitation order, which was a final custody determination, awarded to Patricia and Scott joint legal custody of their minor son and daughter (together the children). It also awarded "primary physical custody" to Patricia and visitation to Scott under a child-sharing schedule. In addition, because of son's severe allergic reactions to cat dander and the fact that Scott's parents had numerous cats in their home, the court prohibited Scott from permitting son to visit Scott's parents or sister. Claiming that Patricia was continuing to alienate the children from him, Scott sought sole physical custody, but not sole legal custody, of the children. The children's attorney submitted a report recommending that Scott and Patricia continue to have joint legal custody of the children and that they also have joint physical custody. It also recommended certain changes to the child-sharing schedule, revisions to the orders governing the children's visitation with their grandparents and aunt, and restrictions on the parents' behavior toward the children. Following a hearing, the court issued the challenged order, finding that Patricia's continuing behavior in alienating the children from their father was a substantial change in circumstances and adopting the recommendations set forth in the report submitted by the children's attorney. Patricia appeals the order, contending (1) there is no evidence of a substantial change in circumstances because any lack of progress on her part in altering her behavior was not a change of circumstances, and "[t]here clearly was no change in circumstances with respect to the orders concerning [son's] allergies to cat dander" or with respect to the child-sharing schedule; and (2) the court erred in admitting and considering the report submitted by the children's attorney, because it contained hearsay statements by the children and improper analysis by the attorney. Court affirm the order.
Comments on Marriage of Witzman