A motion to change an earlier custody order proceeded as a trial of an issue concerning whether joint custody remained workable.
The moving party sought sole custody on the basis that the parties were unable to communicate or make joint decisions about the child’s medical treatment, schooling, religious upbringing, and other major issues.
Evidence included testimony from witnesses and a report from the Office of the Children’s Lawyer recommending sole custody to the primary caregiver.
The court found a material change in circumstances and concluded that joint custody had become unworkable due to persistent conflict and inability to cooperate.
Sole custody was granted to the moving party with ongoing access for the other parent and additional conditions regarding the child’s medical treatment and access schedule.