Tuesday, February 9, 2016


 Shamp v. Shamp, 2015 NY Slip Op 8255 - NY: Appellate Div., 4th Dept. 2015:

"We agree with the husband, however, that the court erred in providing in the judgment that "primary physical residence of [the subject child] is awarded to the mother, with visitation to the father." Pursuant to a prior stipulation, the parties agreed to shared custody with approximately an even distribution of parenting time, and the court accepted that stipulation by ordering that the stipulation be incorporated in, but not merged into, the judgment of divorce. That stipulation, as the court noted in its decision, "reveals a truly 50-50 shared parenting plan." "[T]hus, neither [parent] is the primary physical custodian" (Matter of Disidoro v Disidoro, 81 AD3d 1228, 1229, lv denied 17 NY3d 705; see generally Eberhardt-Davis v Davis, 71 AD3d 1487, 1487-1488). Consequently, the court erred in awarding primary physical residence to the mother. We therefore modify the judgment accordingly."



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