Kandus v. Forlenza

Summary

The New York Appellate Division, Second Department affirmed orders requiring the parties to share equally the attorney-for-the-children fees and effectively denying the mother's petition to modify visitation provisions incorporated into the parties' judgment of divorce. The court dismissed as abandoned the appeals from two other orders and awarded one bill of costs to the respondent.

Holdings

1. The Family Court properly required the parties to share equally the responsibility for paying the attorney for the children because the record did not support a finding that the allocation was inappropriate or inequitable.
2. The Family Court properly, in effect, denied the mother's petition to modify the visitation provisions in the parties' separation agreement, and no remand for further proceedings was necessary.
3. The appeals from the June 27, 2012, and August 15, 2012 orders were dismissed as abandoned.

Questions Presented

1. Whether the Family Court properly required the parties to share equally the responsibility for paying the attorney for the children's fees, subject to reallocation at trial.
2. Whether the Family Court properly denied the mother's petition to modify the visitation provisions incorporated into the parties' judgment of divorce.
3. Whether the appeals from the June 27, 2012, and August 15, 2012 orders should proceed when they were abandoned.

Disposition

affirmed