MORRISEY v. MORRISEY

No. 221, 2011.

45 A.3d 102 (2012)

Kenneth W. MORRISEY, Petitioner Below, Appellant, v. Lorraine B. MORRISEY, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: April 18, 2012.


Attorney(s) appearing for the Case

Felice G. Kerr , Macelree Harvey, Ltd., Centreville, Delaware, for appellant.

Gerald Z. Berkowitz , Berkowitz & Schagrin, P.A., Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.


STEELE, Chief Justice:

A father filed a motion to modify a child custody and visitation agreement in the Family Court. The trial judge denied the father's motion, holding that contract principles govern the agreement and bar the trial court from modifying unambiguous contract language. On appeal, the father claims that the trial judge erroneously applied contract principles to a custody and visitation agreement instead of applying the best interests of the child test...

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