New Jersey Superior Court
984 A.2d 460 (2009)
Andrew Faucett (plaintiff) and Darianna Vasquez (defendant) were married in 1997 and had one child, Billy. Faucett and Vasquez divorced in 2001, and in 2002, the court entered a custody order. The custody order granted Faucett and Vasquez joint legal custody, named Faucett as the custodial parent, and granted Vasquez liberal visitation. Faucett remarried, and Billy’s new stepmother took on a parenting role. Faucett was in the United States military, and he received notice that he was scheduled to be deployed in February 2009 for approximately one year. In January 2009, Vasquez sought transfer of custody via an order to show cause and argued that she provided the preferred living arrangement for Billy due to Faucett’s impending deployment. Vasquez argued that she did not need to establish a change in circumstances affecting Billy’s welfare, because she was presumed to be entitled to custody of Billy over his stepmother due to the parental-preference doctrine. In response, Faucett argued that not only did Vasquez have an unstable living arrangement, but the dispute was between Faucett and Vasquez as two natural parents, not Vasquez and the stepmother. The judge entered an order of dismissal and concluded that there was no need for a change of custody to immediately occur. However, the judge increased Vasquez’s parenting time and ordered a custody evaluation, after which either party could petition the court for modification of the order. Vasquez appealed.
Rule of Law
Holding and Reasoning (Messano, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.