Scavello v. Scavello
A court can find that modification of primary custody is not in the best interests of the minor children. The parties married in March 2003 and separated in July 2011. The defendant wife has primary custody of the minor children, 5 and 6, and the plaintiff husband moved to modify custody and claimed that the wife was unable to meet their educational needs. Susan Connolly, the guardian ad litem, who is "superbly dedicated, skilled, caring, thorough and capable," recommended primary custody with the husband. The husband, 35, is highly structured and offers "a role model of hard work, discipline, punctuality and attention to schedules." Although the husband, a Connecticut State Trooper, works an extraordinary amount of overtime, his parents are able and willing to take care of the children at any time. The wife, 34, works part-time in a marketing capacity, for a restaurant or bar, and is "unstructured, undisciplined and chronically late" in taking the children to school. Although the wife's home is neat and clean, the guardian ad litem described her parenting as lacking in management or executive skills. The children's teachers describe the children as on target, socially and academically, appropriately dressed and well-behaved. Their report cards were good. The court concluded that the minor children are well-adjusted and that it is not in their best interests to modify custody and to place them in new schools at this time, especially when the husband has not committed to forego overtime work in the future, if awarded primary custody.