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Family-law appeal contests joint custody order and 60/40 property split after domestic altercation

Judicial - Appeals Court Oral Arguments · December 8, 2025
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Summary

In Scott v. Hill, appellant argued Judge Gorman erred by ordering joint physical and legal custody despite a finding that the parties engaged in a physical altercation and by awarding an inequitable 60/40 property division; appellee urged deference to credibility findings and discretionary rulings.

David Cherney told the panel the trial judge’s final judgment — which granted joint physical and legal custody and a roughly 60/40 division of marital assets favoring the mother — was result-driven and lacked adequate written findings addressing a serious-incident domestic-abuse statute (G.L. c. 208, §31A) that can create a rebuttable presumption regarding custody. Cherney highlighted testimony that the parties engaged…

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