Mother Given Custody of Twins Father Given Custody Related to Medical Issues

In an unusual case, Justice Jeffrey Sunshine, sitting in a Supreme Court Matrimonial Part in Kings County, recently awarded a mother the custody of the family’s twin children.  However, Justice Sunshine awarded the father decision making custody concerning medical issues for the twins.  The case started by both parents asking for Orders of Protection and custody.  The mother had brought a divorce action against the father based on cruel and inhuman treatment.  She contended the father had physically and verbally abused her and she had lived in a domestic violence shelter for a year after she moved out of the marital residence.

Upon testimony being taken, no evidence of physical abuse was presented to the court.  The court found that the mother had alienated the twins from their father.  She had accomplished this by convincing the children she was physically abused and that the father would abuse them also.

 Child With An Eating Disorder

One of the twins had a severe eating disorder.  The mother had refused to place this child in a residential or day treatment facility to deal with this severe eating disorder. Although the mother had alienated the children from the father, Judge Sunshine took the position removing the children from custody of the mother would cause them more harm than good.  He gave the mother custody of the twins.  However, he awarded father decision making custody concerning all medical issues.