Simpson v. Simpson
A court can find that an award of sole custody is in the best interests of the minor child. The parties married in 1993 and have two children, one of whom remains a minor. The wife alleged that the husband was verbally abusive and prone to diatribes. The husband claimed that he worked hard, that he helped to build an addition to the marital residence and that he felt victimized by the wife and her family. The husband traveled repeatedly to Jamaica, to visit his mother, who was critically ill and required care, until his mother passed away. In 2010, the husband vacated the marital residence, moved to the Bronx and allegedly ceased contributing to the wife and children's support. The defendant husband, 51, earns $49,000 gross per year as a mental health worker at a hospital. The plaintiff wife, 53, earns $79,500 gross per year as an insurance agent at Pierson & Smith. The wife maintained that she agreed to give the husband $80,000, if he would relinquish his claims to the minor child. Although the wife's offer violated the automatic orders, neither party moved to find the other party in contempt. The guardian ad litem, Terry Sharpe, recommended that the court award sole custody of the minor child to the wife. Currently, the husband has no relationship with the minor child. The court followed the guardian ad litem's recommendation and awarded sole custody to the wife. The court strongly recommended reconciliation therapy and did not award the husband visitation. The court did not award alimony or child support. The court kept jurisdiction for the purposes of future education support for the minor child. The court ordered the husband to quitclaim his interest in property located in Stamford to the wife. The court awarded each party accounts and investments. The court awarded the wife 40 percent of the U.S. Savings bonds and various 401(k)s. The court awarded the husband 60 percent of the U.S. Savings bonds, his municipal credit union account and the hospital retirement plan. The court awarded the wife the 2004 BMW and the husband two BMWs.