McGee v. McGee

224 A.D.2d 832, 637 N.Y.S.2d 816, 1996 N.Y. App. Div. LEXIS 1305
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 22, 1996
StatusPublished
Cited by7 cases

This text of 224 A.D.2d 832 (McGee v. McGee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGee v. McGee, 224 A.D.2d 832, 637 N.Y.S.2d 816, 1996 N.Y. App. Div. LEXIS 1305 (N.Y. Ct. App. 1996).

Opinion

—Peters, J.

Appeal from an order of the Family Court of St. Lawrence County (Rogers, J.), entered November 14, 1994, which, inter alia, granted respondent’s cross petition, in a proceeding pursuant to Family Court Act article 6, for sole custody of the parties’ child.

[833]*833The parties herein were both raised in Pennsylvania where their parents and most of their relatives resided. In October 1989, they moved to West Virginia to pursue an investment in a convenience store. They married on May 7, 1991, and continued to reside in West Virginia until the business was forced to close in May 1992. At such time, respondent was pregnant and working as a licensed hairstylist. Petitioner wanted to move to St. Lawrence County where his sister lived along with her husband and their two children. Respondent protested and urged petitioner to wait until the birth of their child. Notwithstanding the fact that the parties had no prearranged housing and no employment prospects, petitioner packed up his eight-month pregnant wife, hired a rental truck and moved to his sister’s home where they lived until December 1992.

After the move, the parties found a local obstetrician who asked them to find another doctor after three visits. Respondent testified that she was told to change obstetricians because petitioner insisted that the doctor prescreen with him all procedures that pertained to the pregnancy and the birth of their child.

On September 13, 1992, the child Sabrina was born. Thereafter in December 1992, the family moved to a single-wide trailer. Throughout the time that the parties lived in St. Lawrence County, no effort was made by either of them to obtain employment. They used the moneys received from social services assistance to support their daily living. Petitioner testified that he was intimately involved with the care of Sabrina at all times since her birth, but Family Court found his testimony not to be credible. Rather, Family Court credited the testimony of respondent that she was the primary caretaker and that petitioner manipulated her and demeaned her through verbal and physical intimidation, both in public and in front of the child.

Testimony further revealed that in the early part of 1993, respondent asked to go visit her family in Pennsylvania and petitioner refused to allow her to go. However, on February 20, 1993, after receiving a bus ticket paid for by her family, respondent took the child with her and traveled to her parent’s home where she remained for eight weeks. Respondent testified that while she was in Pennsylvania, petitioner called her four times per week and wrote her at least one letter, promising to stop demeaning her in public, yelling at her in front of Sabrina and generally being self-centered. In late March or early April 1993, petitioner told respondent that he would [834]*834move to Pennsylvania but that he needed help packing and moving. Based upon his promise to return, she agreed to go back to St. Lawrence County to assist him with the move. Unbeknownst to respondent, before he even arrived in Pennsylvania with his sister’s borrowed car to pick her up, petitioner had changed his mind about moving. The night after their return to New York, he told her that he had no intention of moving to Pennsylvania.

Notwithstanding petitioner’s avowed remorse as expressed in his letter written to respondent while she and their child were in Pennsylvania, marital discord continued and escalated. Testimony was proffered concerning instances where petitioner continued to be physically abusive or intimidating toward respondent, as well as displaying, at all times, a controlling attitude toward her. Respondent testified that on separate occasions petitioner grabbed her by the throat and pushed her down, pushed her on the chest, all while she was holding their child. He had later backed her into a corner without letting her by in order to physically intimidate her. Respondent additionally testified that when she attempted to take Sabrina to church one day, petitioner rendered the automobile engine inoperable. Petitioner refused to give Sabrina to respondent on this occasion, as well as others, including what ultimately became another departure by respondent on June 6, 1993 to live temporarily in a safe-house.

After filing a family offense petition, respondent was granted a temporary order of protection and custody of Sabrina. Respondent resumed living with the child in the marital residence on June 11, 1993, at which time petitioner moved out. Petitioner was allowed visitation during this time.

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Cite This Page — Counsel Stack

Bluebook (online)
224 A.D.2d 832, 637 N.Y.S.2d 816, 1996 N.Y. App. Div. LEXIS 1305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-mcgee-nyappdiv-1996.