In Sequeira v. Sequeira, 2013 N.Y. App. Div. Lexis 2401 (1st Dept. April, 2013) the parties’ agreement provided the parents with joint legal custody, and equal input into all major decision about the child. When a dispute later arose and the parties disagreed as to a choice of school for their child, the Supreme Court awarded the mother temporary decision-making authority as to education, notwithstanding the terms in the parties’ agreement. On appeal, the Appellate Division upheld the Supreme Court’s grant to the mother of decision-making as to education, saying it was in the best interests of the child.
Michael D. Weinstein, Esq.
Family Law, Divorce Attorney