Genevieve A. Rybicki v. Conrad J. Rybicki - Supreme Court of Pennsylvania

Genevieve A. Rybicki v. Conrad J. Rybicki

By Supreme Court of Pennsylvania

  • Release Date: 1991-10-21
  • Genre: Law
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Genevieve A. Rybicki v. Conrad J. Rybicki Supreme Court of Pennsylvania Book Review Score: ★★★★★ 5/5 stars

The husband and wife in this matrimonial action were separated in about October 1981 and were subsequently divorced pursuant to the terms of a stipulation of settlement entered into on September 30, 1983, which was incorporated, but did not merge, into the judgment of divorce dated January 9, 1984. The stipulation provides in pertinent part that the wife maintain a principal residence for herself and the three children of the marriage in the Town of Huntington or the Fort Salonga area of the Town of Smithtown, New York, until the youngest of the children attains the age of 18 or is graduated from high school. This provision was further conditioned upon the husband maintaining his principal residence in the Town of Huntington or upon his written consent to the wifes relocation. The parties also agreed pursuant to the stipulation that if the wife were to remove the children from the designated area without the consent of the husband or the court, the husband would then be presumed to have the right to obtain custody of the children. The parties were divorced by judgment dated January 9, 1984, and thereafter each continued to reside in the vicinity of Northport, Long Island, the wife retaining custody of the three young children (although the youngest child, James, temporarily resided with his father during 1990).

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