Wednesday, July 22, 2015

AN EXAMPLE OF A FULL CUSTODY HEARING AND DECISION WHERE BOTH PARENTS HAVE DRUG HISTORY

C.M. v C.M. 2015 NY Slip Op 50547(U) Decided on April 15, 2015 Supreme Court, Richmond County DiDomenico, J.

Note the length of the trial, number of witnesses, exhibits, etc.:

"The parties' cross custody and child support causes of action were tried before the Court on May 2, 2014; May 8, 2014; May 16, 2014; May 28, 2014; June 5, 2014; September 11, 2014; September 12, 2014; September 24, 2014 and September 26, 2014. Plaintiff Husband testified on his own behalf and called the following witnesses: (1) Sybil M. (paternal grandmother); (2) Vincent M. (paternal grandfather) (3) Mike P. (co-worker); and (4) Mindy M. (sister in law). Husband offered various documents into evidence (Pl. Ex. 1-31) not all of which were received. Defendant Wife testified on her own behalf and called the following witnesses: (a) Plaintiff Husband; (b) Michelina L. (maternal grandmother), (c) Nancy L. (her sister), and (d) Dr. N.G. Berrill (the forensic evaluator). Wife attempted to introduce various documents into evidence. (Def. Ex. A-U) not all of which were received. Judicial notice was taken of, among other documents, all orders and pleadings in the IDV criminal cases previously pending before this Court. (Docket Nos. 40003M2013; 40141M2013; 40078M2012; 40079M2012; 40080M2012; 40081M2012; 40082M2012 and 40093M2012). The attorney for the subject child called Elizabeth C. (the subject child's teacher) as a witness and submitted documents into evidence (AFC Exs. 1-4). Both parties submitted questions for consideration at the in camera examination which was held on October 1, 2014. Written summations were received from all counsel."

Interesting reading.

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