Mitzner v. Mitzner

In Mitzner v. Mitzner, 209 AD2d 487 (2d Dept. 1994) the parties' 14 year old son's relationship with his moth-er deteriorated due to family strife, and he had shouted and cursed at her, even striking her. The mother maintained a positive relationship with her 10 year old son. Both boys expressed a preference to live with their father, but the court believed that the younger son's preference may have been influenced by his father and brother. The "dysfunctional family environment so damaged normal interpersonal relationships between parent and child that the more customary custody arrangement of keeping the children together was found unsuitable" by the trial court, and the Appellate Division affirmed its finding. (Mitzner, 209 AD2d at 489.) The Court found that separation of siblings ... one 14 and one 10 was in their best interests. The relationship between the 14 year old and the mother had deteriorated to the extent where he would argue, shout, curse and strike his mother. However, the mother managed to maintain a good relationship with the 10 year old. Both children expressed interest in living with their father, but the Court found the 10 year old had been coached or influenced by his brother and father. It is noteworthy, in Mitzner, that the Court evaluator was unable to produce a recommendation as to what was in the children's best interests.