Porcello v. Porcello

80 A.D.3d 1131, 917 N.Y.S.2d 338
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 27, 2011
StatusPublished
Cited by9 cases

This text of 80 A.D.3d 1131 (Porcello v. Porcello) 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
Porcello v. Porcello, 80 A.D.3d 1131, 917 N.Y.S.2d 338 (N.Y. Ct. App. 2011).

Opinion

Egan Jr., J.

Cross appeals from a judgment of the Supreme Court (Córtese, J.), entered October 30, 2009 in Montgomery County, granting, among other things, plaintiff a divorce and primary physical custody of the parties’ child to defendant, upon a decision of the court.

Plaintiff (hereinafter the father) and defendant (hereinafter the mother) were married in 2004 and are the parents of a daughter (born in 2007). Within weeks of the child’s birth, the parties’ relationship deteriorated to the point that the mother filed a family offense petition and a petition seeking custody of the child. The parties physically separated, with each moving to their respective parents’ homes. The father then commenced the instant action for divorce, which was consolidated with the mother’s pending Family Court matters.

During the pendency of these proceedings, in March 2008, Family Court issued a temporary order granting primary physical custody of the child to the mother, with the father having visitation every Monday and Wednesday during the daytime hours, and an overnight visitation every other Saturday. In July 2008, after the father’s work schedule changed, the parties modified the temporary order without court intervention, such that, in every two-week cycle, the father would have five overnight visits with the child — every Wednesday and a three night weekend (Friday, Saturday and Sunday) every other week, in addition to a daytime visit every Monday — and the mother would have the remaining nine overnight visits.

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Cite This Page — Counsel Stack

Bluebook (online)
80 A.D.3d 1131, 917 N.Y.S.2d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porcello-v-porcello-nyappdiv-2011.