Barrows v. Benjamin

Yesawich, Jr., J.

Appeal from *978an order of the Family Court of Chemung County (Frawley, J.), entered September 8, 1986, which denied petitioner’s application and granted respondent’s cross application, in a proceeding pursuant to Domestic Relations Law § 240, for custody of the parties’ two children.

Apart from a number of separations due to respondent’s excessive drinking and physical abuse of petitioner, the parties, who were never married, lived together from 1979 to November 1985. The two boys they produced, born in February 1980 and December 1981, have resided with both parents since birth…