Robert Goldhaber wanted his kids to stay overnight every Tuesday and Thursday.
When the Suffolk County Family Court gave him the additional time he requested, the kid's mom appealed and the Appellate Division, Second Department, modified the outcome to Tuesdays and Thursdays of every other week.
While increased time with their father was in the children's best interests, giving him every Tuesday and Thursday, when he already had the kids on Friday through Mondays, would essentially afford him custody for almost an entire week. That, according to the AD2, was beyond the lower court's discretion, since the mother had been awarded sole custody.
Share life!
To view a copy of the Appellate Division's decision, please use this link: Matter of Rosen v. Goldhaber