The parties were married on 1992 and on 2005, the Mother filed for divorce. The couple resolved the issues arising from their marriage and agreed to joint custody of the two subject children, a daughter age 12 and a son age 14. The children would have visitation with each parent pursuant to the detailed schedule set forth and as mutually agreed to by and between the parties. Since then, the children have been spending Mon-Tues with Father, Wed-Thurs with Mother and alternating weekends with each parent. With the exception of Thanksgiving, all holidays are shared equally. The parties agreed that they would alternate Thanksgiving as follows: two years to Mother and one year to Father. Both children excel academically. Neither child is alleged to have special needs.
Petitioner Father is 43 years old. He lives alone with two dogs. He has been engaged since February 2006 to his girlfriend who he intends to marry when the case is over. After his marriage, the Father told his ex-wife he intends to relocate where his fiancé lives and works. As of the time of his trial testimony, the children had met the Father’s fiance approximately six times.
The Father is self employed as a real estate agent and an insurance salesman. He was employed as a Vice President at a division of a Bank, for about eighteen months, but is no longer employed there. A New York Family Lawyer said that no evidence was introduced as to the Father’s current income. The Mother said that she believed her ex-husband may be supporting himself by selling marijuana and using equity from the home. The Mother alleges that their daughter five bags of illegal drugs in his Father’s cellar. The Father admitted that he was arrested for marijuana possession when he was 32 years old.