Justice Elisa Koenderman

 

Read Full-Text Decision

Father moved for unsupervised overnight visitations with the subject child, S.B., and exclusive use and occupancy of the marital residence, while mother cross-moved for exclusive use and occupancy, and sole physical and legal custody of SB. Mother also sought temporary maintenance and child support, and for father to pay 100 percent of the carrying costs of the marital residence. The court granted father an overnight visitation, but to be supervised by the paternal aunt and uncle at their home, and denied mother’s cross-motion for sole legal and physical custody, but SB shall continue to primarily reside with her. Also, the court denied father exclusive use and occupancy of the marital residence, noting mother had an order of protection against father, thus, her safety required her to have exclusive use and occupancy. However, the court concluded mother’s temporary maintenance award, as well as child support, encompassed all her basic living costs, including shelter costs for SB, hence, the court may not order father to make double shelter payments, thereby denying mother’s cross-motion for father to pay 100 percent of the carrying costs of the residence, especially as she will have exclusive use and occupancy of it.