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The 1996 order gave Mr. Maher and Mrs. Maher joint legal
custody of both children and gave Mrs. Maher primary physical
custody of both children. The 1996 order ordered that Mr. Maher
was to have physical custody of both children every weekend from
Friday evening at 7 p.m. through Sunday evening at 7:30 p.m.
Mrs. Maher had the right to have both children on the third
weekend of each month, but she was not required to have them on
that weekend. Additionally, the 1996 order ordered that Mr.
Maher was to have physical custody of both children from 6:30
p.m. to 8:30 p.m. on every Wednesday.
On June 9, 1998, the Supreme Court of the State of New York
issued a decision and order in response to a motion for change in
custody of both children (1998 order). The court stated that
“Clearly, the joint custody arrangement has failed.” The court
painted an extremely unflattering portrait of Mrs. Maher and
noted that the court-appointed expert recommended that Mr. Maher
have sole custody of both children. The court, however, decided
that Mr. Maher should have sole physical custody of Kristen only.
The court granted sole physical custody of Kristen to Mr. Maher
effective July 12, 1998.
Neither the 1996 order nor the 1998 order states who is
entitled to claim the dependency exemptions for Kristen or Billy.
Mrs. Maher did not sign a release of dependency exemption for
Kristen or Billy for 1998.
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Last modified: May 25, 2011