Bilodeau v. Bilodeau

In Bilodeau v. Bilodeau, 161 A.D.2d 906 (3rd Dep't 1990) the Court granted custody of two children to one parent and a third child to the other parent. In that particular case, it was determined that both parents were fit and loving parents each of whom loved their children and the children loved them in return. However, in Bilodeau, the eldest child was learning disabled and the father was actively involved in his tutelage and school activities. While on the other hand, the youngest child's, progress toward toilet training had been adversely affected by her separation from her mother. The law guardian, having made no recommendation specifically as to custody, did point out that the youngest child had a special attachment to her mother and the older boy to his father. On appeal the Court determined the trial court's separation of the siblings was in their best interest and affirmed the order.