Case
June 5, 2009
Description
Custody granted by DVRO is not a final custody order; When custody orders were DVRO and an interim custody order, trial court should have assessed a move-away request under the "best interests" standard (for modifying interim orders) instead of the "changed circumstances" standard (for final orders); Father restrained by DVRO must be allowed to present evidence rebutting the §3044 presumption against custody; Peremptory writ in first instance is appropriate remedy
Appeals & Writs
Tags:
Writs,
Custody/Visitation
Restraining Orders
Tags:
Additional Protected Parties,
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