In re Marriage of Carney
Supreme Court of California
598 P.2d 36 (Cal. 1979)
William Carney (plaintiff) and Ellen Carney (defendant) separated soon after having two children; Ellen relinquished custody to William, who moved with the children to California and built a stable, loving home life with his new partner, while Ellen kept only occasional phone and letter contact. Years later, an accident left William a quadriplegic, though he adapted, including driving a specially fitted van. When William filed for divorce, Ellen immediately moved to take custody, arguing William's disability meant he couldn't properly care for the children. The trial court agreed this was a sufficient change in circumstances, transferring custody to Ellen in New York, reasoning William could no longer play sports or go fishing with the kids the way a non-disabled father could. William appealed.
Whether a physical handicap that only limits a parent's ability to physically participate in activities with a child is a change in circumstances justifying removing the child from that parent's custody.