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Boyne v. Boyne

Father's Petition to Modify Custody Provision of Divorce Judgment Dismissed With Prejudice

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Decision and Order on Petition to ModifyCustody Terms of Divorce JudgmentDecision and Order

*1  Petition by Paul A. Boyne (father) to modify the custody provisions contained in a 2007 judgment of divorce issued and rendered by the Connecticut Superior Court, Hartford Judicial District. The parties are the divorced parents of three sons, all of whom have attained the age of majority, and one daughter, now fifteen years of age. Under the parties’ judgment of divorce, the respondent, Heather P. Boyne (mother), was awarded sole legal and physical custody of the children and “the father shall have no visitation with the minor children, except at the discretion of the plaintiff and initiated only by the plaintiff.”There have been prior proceedings in this Court regarding the Connecticut divorce judgment and the father’s visitation with the remaining minor child. The father initially filed a petition on January 13, 2017 to enforce and modify the divorce judgment, which was dismissed without prejudice on January 23, 2017 due to lack of jurisdiction because neither parent nor the child had resided in New York for the requisite six month period prior to the petition being filed (DRL §75-a[7], §76-b). The father filed a motion objecting to the dismissal and the Court scheduled an appearance for February 23, 2017. By decision and order dated March 8, 2017, the Court (Michelini, J.) dismissed the petition for lack of

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