Custody Hearing Ordered for Client

New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower court erred in failing to hold a plenary custody hearing for the client: “We agree with plaintiff that the trial court should have conducted an evidentiary hearing to determine, among other things, whether plaintiff ‘reasonably’ recovered from substance abuse such that modification of the June 13, 2016 order is in the best interests of the child. Further, a hearing was required to be conducted as soon as practicable because a ‘temporary decision to change custody can take on a life of its own, creating a new status quo. Nominally temporary orders involving the custody of a child have a tendency to become permanent . . . .’ Peregoy v. Peregoy, 358 N.J. Super. 179, 202-03 (App. Div. 2003). Accordingly, we must vacate the June 13, 2016 order and again remand this matter for a custody hearing.”

About Michael Confusione

New Jersey attorney Michael Confusione co-founded Hegge & Confusione in 1999 and heads the firm's appellate practice. He has over 20 years of experience in appellate law and has handled hundreds of civil and criminal appeals.

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