Sayer v. Sayer

Parties

Procedural Posture

Divorce / Decision

Legal Issues

1. 1 Whether shared custody should replace interim joint custody with primary residence to mother
2. 2 Whether the matrimonial home should be sold or whether father may buy out mother's interest and on what timeline
3. 3 Whether child support should be reduced to permit father to purchase the home

Ratio Decidendi

The court granted the divorce and maintained a joint custody framework with the mother as primary caregiver and primary residence because the evidence showed the mother had been the primary organizer and provider of day-to-day care, the father’s unilateral conduct and lack of consistent cooperation undermined a shared custody model, and the children’s stability and peer/community ties supported maintaining the status quo; financially, the court set child support and provided a concrete timetable and default sale mechanism for disposition of the matrimonial home, including the father’s deadline to notify intent to buy out the mother and equal division of net proceeds if sold.

Court Disposition

Divorce granted; joint custody with mother as primary caregiver and primary residence; detailed parenting schedule and holiday access ordered; father given deadline to elect to buy out mother's interest in the matrimonial home otherwise the home to be listed for sale; child support ordered and sharing of...

Orders

• Divorce granted based on permanent breakdown of the marriage.
• Joint custody awarded; mother has primary care and primary residence of the children.