Courts usually do not render court orders ordering joint custody. Parents can work out joint custody agreements, but these usually have to be worked out out of court. In an unusual case, a court attorney referee in Nassau County Supreme Court recently rendered a decision which granted both parents joint legal and physical custody of the children. She rendered this decision because she felt it was in the children’s best interests.
Each Parent Wanted Sole Custody
In this case the mother and father each sought sole custody of the two minor children of the parties in their divorce lawsuit. An attorney was appointed to represent the children. This attorney for the children took the position the father was better suited to manage the children’s educational needs.
Equal Parenting Time
The parents had previously entered into a temporary parenting schedule which gave each parent virtually equal parenting time with the parties’ two sons. Referee McCormick referred to the New York State Court of Appeals case of Braiman v. Braiman with regard to the issue of joint custody. This case noted joint custody was inappropriate when both parties were “embattled and embittered.” However, it did not prevent courts from ordering joint custody in all cases.
Referee McCormick found the evidence set forth that both parents were actively involved in their children’s lives. Both of the boys enjoyed spending time with each of their parents. She also found that both parents sought to encourage the relationship between the boys and the other parent. She found the parents lived in close proximity to each other and therefore joint custody was a feasible solution to this case. Referee McCormick found both parents should have a decision making role for their children. She also found the parents should each have about an equal amount of parenting time with the parties’ children. Court Attorney McCormick went on to award joint physical and legal custody to both of the children’s parents based on the fact it was in the children’s best interests.
Conclusion
This is an unusual decision. Courts rarely order joint custody in situations where the parties cannot amicably work out joint custody arrangements on their own. Court Attorney McCormick’s decision is well reasoned and appropriate in this case.
About Elliot S. Schlissel
