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Picone v. Losapio

April 27, 2010

ROBERT PICONE, PLAINTIFF-RESPONDENT,
v.
PATRICE LOSAPIO, F/K/A PICONE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-1088-05N.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 30, 2009

Before Judges Rodríguez and Reisner.

Patrice LoSapio (formerly Picone), appeals from a portion of the February 13, 2009 post-divorce judgment order. We affirm.

LoSapio and Robert Picone were divorced on May 18, 2006, after thirteen years of marriage. At that time, they entered into a property settlement agreement (PSA), which was incorporated into the Dual Final Judgment of Divorce. Two children were born of the marriage, who are now sixteen and fourteen years old. Picone was designated as the parent of primary residence and LoSapio as the parent of alternate residence. The parties agreed that LoSapio would enjoy parenting time as follows:

1. Alternate weekends from Thursday after school to Sunday at 8 pm;

2. One (1) overnight on the "off-week;"

3. Holidays and Special Days by agreement or the Court Holiday schedule by default; and

4. Three (3) non-consecutive weeks of vacation time.

In addition, Picone was required to notify LoSapio whenever he was going to be out of town without the children. LoSapio would then have the right of first refusal to exercise additional parenting time with the children.

Eventually, LoSapio noticed that she was exercising more parenting time with the children than was initially contemplated at the time of the execution of the PSA. As a result, she moved to be awarded residential custody of the children. Judge E. David Millard denied the application.

Two years later, LoSapio moved for the same relief, calculating that, from execution of the PSA through October 2008, she had enjoyed parenting time with the children at least fifty-one percent of the time. She also sought an order to find Picone in violation of litigant's rights for his failure to comply with page (three), paragraph one (1) of a May 25, 2007 post-judgment order, which required Picone to provide LoSapio with the dates and times of the children's medical appointments, and to confer with LoSapio on medical and psychological issues pertaining to the minor children.

Judge Arnold B. Goldman essentially granted LoSapio's application to enforce page three, paragraph one of the May 25, 2007 order, but denied the rest of the motion. He also entered two additional orders specifically authorizing LoSapio to ...


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