New York Family Law Blog
A New York Family Lawyer said that, in a proceeding to determine child custody pursuant to Family Court Act article 6, in which the mother cross-petitioned for modification of an order of the Family Court, Bronx County, dated May 2, 1986, granting the father custody of the parties’ daughter, the father appeals from a dispositional order of the Family Court, Nassau County, entered August 4, 1989, which, after a hearing, granted permanent custody of the parties’ two children to the mother.
A New York Divorce Lawyer said that, by petition dated April 12, 1988, the appellant, a resident of Nassau County, requested legal custody of his son, who was born in 1987. In his petition, he asserted that he had been left with physical custody of his son since March 5, 1988, when the respondent mother “moved to the Bronx by herself”. However, the evidence adduced at the subsequent hearing reveals that the mother took her son with her when she left.
A Bronx Family Lawyer said that, in her cross petition dated March 29, 1988, the mother confirmed that until March 1988 she resided with the appellant along with their son and their daughter, who was born in 1982. She alleged that she left the appellant’s residence in March and that he refused to allow her to take her daughter with her. She requested modification of a prior order of the Family Court, Bronx County, dated May 2, 1986, pursuant to which custody of the daughter had been awarded to the appellant, and further requested permanent custody of the daughter. On July 27, 1988, the Family Court, Nassau County, granted temporary custody of Christopher to the mother. The daughter remained in the custody of the appellant. After a hearing, the Family Court, in the order appealed from, awarded permanent custody of both children to the mother.