Mccarty v. Mccarty

807 A.2d 1211 (2002)

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Nature of the Case

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Facts

P and D were married on January 31, 1998. Jessica was born on August 8, 1999. The parties separated on November 17, 2000. P filed a motion for both joint legal custody and joint physical custody of his daughter. D filed a counter-complaint in the same court, asking for a limited divorce and sole custody, both legal and physical, of her daughter. The court awarded sole physical custody to D but eventually gave joint legal custody to the P and D. The court delayed the ruling on legal custody until after P and D spent time working with a therapist, Dr. Gordon to see if P and D could communicate enough for joint legal custody. The Dr. reported to the court that after six months of counseling, there was optimism that P and D could act on the best interests of their daughter. Based on this report, the court awarded joint legal custody. D appealed.