Lucey v. Lucey

Judgment unanimously modified, without costs, in accordance with memorandum, and, as modified, affirmed. Memorandum: The record supports Special Term’s judgment granting a divorce to each of the parties on the ground of cruel and inhuman treatment as alleged in the complaint and in the counterclaim (see Fomenko v Fomenko, 50 AD2d 712). It is an elemental principle, however, that custody of the children of a marriage should not be split between the parents in the absence of unusual circumstances, and by no means as a compromise of the respective claims and feelings of the parents (see Matter…