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Appeals court hears challenge to sole legal custody award, panel takes case under advisement
Summary
An appeals court heard argument in Noyes v. Mancuso over a trial judge's award of sole legal custody to the father; attorneys debated whether the father's mental health, participation in a court communication app and choices of substitute caretakers showed he was unsuitable. The court took the case under advisement.
Justice Peter Sachs, presiding for an appeals panel that included Justice Rachel Hirschfang and Justice Gloria Tan, called the first case, 24P606, Noyes v. Mancuso, and noted the appellee had not filed a brief; "when you don't file a brief, there's no obligation" and the court would allow the appellee shortened argument time.
The central issue on appeal was whether the trial judge abused her discretion by finding the father suitable to receive sole legal custody despite evidence the father had suffered from depression, had not monitored a court-ordered communication app, and had relied at times on substitute caregivers the appellant contends were unsuitable.
Mark Papirio, attorney for appellant Maria…
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