A.W. v. T.D., FM-842-10-N; Chancery Division, Family Part, Ocean County; opinion by Jones, J.S.C.; decided May 30, 2013; approved for publication November 19, 2013. DDS No. 20-4-1998 [11 pp.]

This case presents an issue of first impression regarding the impact a terminal cancer diagnosis may have on an existing custody arrangement. Plaintiff-father, who is the noncustodial parent, seeks an order granting emergency transfer of residential custody of the parties’ three minor children from defendant-mother, on the grounds that she now has incurable stage IV breast cancer requiring various medical interventions. Defendant objects to plaintiff’s application, and requests to retain custody of the children at this time.