Audry H. Peterson v. Todd J. Peterson (2009)

MEMORANDUM OF DECISION de PLAINTIFF'S MOTION FOR TEMPORARY CUSTODY PENDENTE LITE (109) AND DEFENDANT'S MOTION FOR TEMPORARY CUSTODY PENDENTE LITE (119)

This action, return date February 3, 2009, seeks a dissolution of the parties' May 23, 1985 marriage and, inter alia, joint legal custody and physical custody of the three younger minor children.   Three older children have attained majority.   The plaintiff's present motion seeks permission to relocate from the marital residence in Greenwich to a new location in Greenwich or the Greenwich area with the parties' minor children and to also grant her temporary physical custody of the minor children.   The defendant's present motion seeks temporary legal and physical custody of the minor children and establishment of a parenting plan.   Attorney Bonnie Amendola is the Guardian ad Litem for the minors.

The parties and their children have continued to occupy the marital home.   Both parties completed the parenting education program within sixty days of the return day.   The evidence was clear that both parents interact with their children, mother on a daily basis since she is employed in town and father on a frequent basis considering his employment centers on New York City. The children are good students, active in sports and other age appropriate activities.

The court concludes that the parties have shared physical custody of the children since the commencement of this action.   The court finds no compelling reason to order sole custody under the circumstances.

ORDERED;  Both motions are denied.

Sua Sponte the court orders an evaluation of the custody issues by the Family Services Office.

Harrigan, J.T.R.

Harrigan, Dennis F., J.T.R.