Case Summary: The parties were before the Court on Father's motion to modify custody and visitation, requesting that he be granted shared residence of the child. The Court found Father to be a perpetrator of domestic violence for a 1998 assault against Mother. The Court further found that presumption against custody had not been overcome. The Court then went on to find that regardless of the presumption against father, the facts of this situation did not lend themselves to a shared residence situation. In short, in order for parents to share physical custody of a child, particularly a child who is only four years of age, they must communicate with each other. Otherwise, the child is placed in the middle. These parents cannot communicate with each other, and furthermore, a shared custody arrangement would give Father the ability to exert considerable control over Mother. The Court denied Father's motion, but did increase visitation.

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