In Re the Marriage of Deroque

Appeal from a child custody modification order.

The marriage between appellant Jennifer deRoque (appellant) and respondent James deRoque (respondent) lasted less than a year, but it did produce a son, Matthew. The marriage was dissolved in 1995. Pursuant to their stipulation, the parties were awarded joint legal custody of their son. Appellant subsequently moved for modification of custody and visitation. Respondent’s “responsive declaration” (and supporting exhibits) included a number of unflattering allegations directed at the care and supervision of Matthew provided by appellant and her parents. Appellant’s parents, Morry and Joanne Wexler (the Wexlers), moved for an order joining them as parties in order to seek “guaranteed rights to visitation with Matthew” and also asking for “the striking of documents filed by respondent in which he makes false and defamatory allegations of neglectful care of Matthew” by the Wexlers.

Following an evidentiary hearing, the trial court made an order by which it: (1) denied the Wexlers’ motions to strike the documents filed by respondent, and to award them fixed visitation rights and attorney fees, and (2) denied appellant’s motion…