O'Shea v. Brennan

This action is brought before this court in an effort to invoke the "summary jurisdiction, which this court possesses, to make adjudications based upon the health and welfare of children who are its wards and over whom it has jurisdiction.” (Matter of Denberg v Denberg, 34 Misc 2d 980, 985.)

Petitioner and respondent were divorced in 1974. Pursuant to the terms of the divorce petitioner was awarded joint custody of the infant, and temporary custody during the *234summer recess from school. At all other times the infant resides with the mother. Presently, the infant is and for the past month has…