SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
DANIELLE LUCAS LEGREE §
Plaintiff, §
§
vs. § Index No. 700934/2021
§
DAVID LEGREE §
Defendant. §
NOTICE OF MOTION FOR VISITATION PENDENTE LITE
You are notified that on _______________ (date), at _______ (time), or as soon thereafter as the Defendant can be heard, in Courtroom ___ of the Supreme Court of the State of New York for the County of Queens at _______________________________________________ (address).
The Defendant will bring on for hearing this Motion for Visitation Pendente Lite for the reasons stated in the attached Motion.
Dated:
Respectfully Submitted,
______________________________
Nadia Campbell Beckles, Esq.
Attorney for Defendant
44 Court Street, Suite 1217
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
DANIELLE LUCAS LEGREE §
Plaintiff, §
§
vs. § Index No. 700934/2021
§
DAVID LEGREE §
Defendant. §
MEMORANDUM IN SUPPORT OF MOTION FOR VISITATION PENDENTE LITE
Defendant David Legree moves this Honorable Court for an Order of Visitation during the pendency of this action and for cause avers as follows:
- FACTS
- In March 2020, Defendant moved out of his marital home.
- Between March 2020 and around 04/14/2021, Plaintiff and Defendant had an informal parenting arrangement that allowed both parties to have 50/50 custody of London Legree, (the “minor child”). The schedule consisted of each parent staying with the minor child for a week. This allowed Defendant to stay with the minor child for roughly 12-15 days in a month.
- In the Action for Divorce filed by Plaintiff, she wants full and legal custody of the minor child. On the other hand, Defendants wants joint legal and residential custody of the minor child.
- The parties failed to agree on custody. On or around 04/15/2021, Plaintiff filed a Request for Judicial Intervention to have the matter brought before a jurist.
- Since 04/15/2021, Defendant has made several attempts to visit the minor child. However, Plaintiff would either fail to answer the phone on the agreed date as per the previous parenting arrangement or give a flimsy excuse as to why the minor child could not visit Defendant.
- Plaintiff went ahead to block Defendant’s phone calls and on all social media platforms, prompting Defendant to contact Plaintiff on her work email.
- On or around 05/28/2021, Defendant was supposed to attend a wedding in North Carolina with the minor child. Plaintiff and Defendant had agreed that Defendant would attend the wedding with the minor child. However, on the day of the flight, Plaintiff intentionally withheld the minor child and prevented her from attending the wedding with Defendant, despite the fact that Defendant purchased airfare based on Plaintiff’s initial consent.
- On {DATE}, Defendant received a text message from the minor child stating, “Insert exact text.”
- LEGAL ARGUMENT
- Defendant avers that in determining this Motion, this Honorable Court should do so in consideration of the best interests of the child.
- In Matter of Bennett v. Jeffreys, 40 NY 2d 546 (1976), the Court held as follows: “The day is long past in this State, if it had ever been, when the right of a parent to the custody of his or her child, where the extraordinary circumstances are present, would be enforced inexorably, contrary to the best interest of the child, on the theory solely of an absolute legal right. Instead, in the extraordinary circumstance, when there is a conflict, the best interest of the child has always been regarded as superior to the right of parental custody.”
- The involvement and participation of both parents in the life of a minor child is important to the minor child’s growth. Plaintiff’s actions of denying Defendant visitation of the minor child hamper Defendant’s involvement and participation in the minor child’s life. It is not in the best interests of the minor child that Plaintiff denies Defendant visitation of the minor child.
- Plaintiff’s actions have had a detrimental effect on the minor child. The text message sent to Defendant by the minor child clearly shows that the minor child wants and missed Defendant’s involvement and participation in her life. The minor child misses Defendant and wants to see him as frequently as she did when Plaintiff honored the parenting arrangement between her and Defendant. It is in the minor child’s best interest for the court to grant Defendant visitation during the pendency of this action.
- Plaintiff has been malicious in denying Defendant access to the minor child. For instance, she gave no substantial reason as to why she failed to avail the minor child so she could attend the wedding in North Carolina with Defendant. She did that to retaliate against Defendant while acting contrary to the best interest of the minor child.
- PRAYER FOR RELIEF
REASONS WHEREFORE, Defendant respectfully requests this Honorable Court to grant him the following reliefs:
- Grant Defendant this Motion for Visitation Pendente Lite;
- Defendant has attached a proposed parenting plan that provides for equal visitation in the best interests of the minor child. Defendant requests this court to order implementation of the proposed parenting plan;
- Award Defendant such equitable relief as may be appropriate under the circumstances; and
- Award Defendant such further relief as this Honorable Court deems necessary and proper.
Date:
Respectfully Submitted,
______________________________
Nadia Campbell Beckles, Esq.
Attorney for Defendant
44 Court Street, Suite 1217
Brooklyn, NY 11201
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