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Schechter v. Schechter | 37 N.E.3d 632 (2015)

The primary focus of child custody and visitation decisions is what’s in the child’s best interest. Courts generally presume that shared custody is best for children of divorcing parents. But one parent’s abusive behavior toward the other can justify a different outcome, as in Schechter versus Schechter.

Yan and Karina Schechter were married with one child. During their marriage, Yan was physically and emotionally abusive and controlling toward Karina. Several times, he threatened to kill her. Yan and Karina separated. Shortly after their separation, in a dispute about visitation, Yan telephoned Karina and told her, quote, “I’m coming with an axe to chop you up,” unquote.

The trial court appointed a guardian ad litem on the child’s behalf. The guardian’s report concluded that Yan was domineering toward both Karina and the child, noting that Yan criticized Karina to the child extensively and that Yan’s parenting decisions often showed bad judgment.

After a trial, the trial court issued comprehensive fact-findings and detailed legal rulings. The court found that Yan had physically and emotionally abused Karina and had damaged her relationship with their child. The court also found that the child had witnessed Yan’s abusive behavior and that any contact between Yan and the child for at least a year would be harmful to the child and to the child’s relationship with Karina. Consequently, the trial court awarded Karina sole legal and physical custody and suspended Yan’s visitation for one year. Yan appealed to the Massachusetts Appeals Court.

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