A New York court has modified the custody arrangement between Jennifer and Martin Mortimer, affecting their parental rights and access to their child. The Appellate Division of the Supreme Court of the State of New York ruled on April 29, 2026, in the case of Matter of Mortimer v. Mortimer (Docket No. 2023-00234). The court's decision came after allegations of family offenses committed by the father against the child.
The ruling affects the Mortimer family, particularly their child born in 2010, as it grants the mother, Jennifer Mortimer, final decision-making authority regarding their child. The court also limited Martin Mortimer's parental access to therapeutic supervised visits, which is a significant change from their previous arrangement.
The case began when Jennifer Mortimer filed a family offense petition against Martin Mortimer in October 2021. She alleged that he committed several family offenses, including harassment and assault, against both her and their child. Shortly after, she filed a petition to modify the custody and parental access provisions of their divorce judgment, seeking sole legal custody of the child and suspension of Martin's access.
In response, Martin Mortimer filed his own petition in November 2021, seeking sole legal and residential custody of their child and requesting that the mother's access be limited to supervised visits. The case eventually reached the Family Court in Putnam County, where a hearing took place.
During the hearing, Martin represented himself (pro se), while Jennifer was represented by Stamatia K. Dewbury of Dewbury & Associates, P.C. The court conducted an in-camera interview with the child and considered evidence presented by both parties.
On December 2, 2022, the Family Court issued an order that granted Jennifer Mortimer's petition to modify custody and parental access. The court determined that Martin had committed family offenses against the child, including assault in the third degree and menacing in the second and third degrees. As a result, the court issued a two-year order of protection in favor of the child against Martin.
The Appellate Division affirmed the Family Court's order, stating, “The Family Court's determination that the father committed family offenses against the child is supported by a preponderance of the evidence.” The ruling also confirmed that the mother would have final decision-making authority regarding their child, and the father's access would be limited to therapeutic supervision.
Judges Lara J. Genovesi, Deborah A. Dowling, Lillian Wan, and Susan Quirk concurred in the decision. The ruling emphasizes the importance of protecting the welfare of the child in custody disputes, particularly when allegations of family offenses arise.
This ruling has significant implications for the Mortimer family and similar custody cases in New York. It reinforces that courts prioritize the safety and well-being of children in custody arrangements. The decision could serve as a precedent for future cases where one parent poses a potential risk to the child.
Moving forward, the ruling establishes that parents involved in custody disputes must demonstrate their ability to provide a safe environment for their children. Courts may impose restrictions on parental access if there is evidence of family offenses or other harmful behavior.
As for the future of this case, Martin Mortimer has the option to appeal the ruling. However, details about whether he intends to pursue further legal action were not available in the court filing. Additionally, there are no related cases pending at this time.