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• Title: Barbara Carr v. Brian Carr
• Author : Supreme Court of New York
• Release Date : January 18, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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DECISION & ORDER Likewise, the findings of the trial court with regard to matters of custody must be accorded great respect,
and should not be set aside in the absence of articulated reasons therefor (see, Eschbach v Eschbach, 56 N.Y.2d 700, 713).
While both parties appear to be capable and loving parents, we find no basis to upset the trial court's conclusion that joint
custody is inappropriate because of the parties' inability to put aside their differences for the good of the children (see,
Braiman v Braiman, 44 N.Y.2d 584, 589-590; Trolf v Trolf, 126 A.D.2d 544). Moreover, given her role as the primary care provider
and her availability to the children, custody was properly awarded to the wife. In addition, the award of exclusive use and
occupancy of the martial residence the custodial parent until the younger child finishes kindergarten, at which time the
house is to be sold and the proceeds divided equally between the parties, was reasonable under the circumstances (see, Wood
v Wood, 139 A.D.2d 506; Van Housen v Van Housen, 114 A.D.2d 411). However, we modify the judgment to provide for visitation on three weekends per month until the end of 1993, when the wife
is expected to return to full-time employment, based upon her acknowledgment that this would be an appropriate arrangement.
To the extent that the issues of visitation on school holidays and spring and winter recesses was not raised before the trial
court, we decline to address them. The husband may seek relief in that respect from the trial court.

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