S.P. v. S.A.R.

Modification context

After divorce, the parties returned to court seeking modification of custody and parenting arrangements. The trial judge heard extensive evidence regarding the child's developmental needs, therapeutic requirements, and each parent's ability to provide a stable environment.

Trial court ruling

The Probate and Family Court modified the prior judgment—awarding sole legal custody and primary physical custody to one parent based on the child's documented need for applied behavior analysis (ABA) therapy and consistency in implementation.

Appellate review

On appeal, the non-custodial parent challenged the modification as unsupported by the record. The Appeals Court affirmed, holding that the trial judge's findings were supported by substantial evidence and that the best-interests standard properly guided the custody determination.

Takeaway

Custody modifications involving special-needs children require meticulous record-building on therapeutic needs, compliance history, and each parent's capacity to implement treatment plans—evidence the appellate court will not second-guess when supported below.

Attorney advertising. Past results do not guarantee future outcomes.

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