In Re Marriage of Schwartz

Petitioner Joe L. Schwartz appeals from an order of the superior court modifying a joint custody agreement entered into between himself and his former wife, Deborah L. Schwartz.

Deborah and Joe were married in October 1964. Their union produced two children—a boy, Shannon, and a girl, Sonja. Thirteen years later, in 1977, the court granted Joe an interlocutory judgment of dissolution, which, among other things, provided that custody of the children be awarded jointly to Joe and Deborah. It further declared that “[t]he children shall spend the remainder of the school year 1976-1977 and the school year of 1977-1978 residing with [Deborah], The parent with whom the children are not residing at any given time shall have visitation rights for all weekends and school holidays. Children shall not reside with [Joe] for school year unless he has a live-in housekeeper or a spouse. Children shall continue to reside with [Deborah] for school year periods unless they request to reside with [Joe] and [Joe] has the aforementioned housekeeper or spouse. Each party agrees to take the children to reside with him/her if the other parent remarries and is unwilling/unable to have children…