A New York appeals court held last week that Fox News host Bill O’Reilly’s school-age children don’t want to live with him anymore, and should live exclusively with their mother, O’Reilly’s ex-wife Maureen McPhilmy.
The lengthy decision affirms the holding of a Nassau County Supreme Court justice last year that the children, now aged 13 and 17, should live full-time with their mother (the former couple had been splitting residential custody).As we reported at the time, O’Reilly appealed that ruling, thereby delaying its enforcement (and, of course, extending his multi-front battle against McPhilmy and her new family).
The Appellate Division issued its 1,400-word opinion on February 24, a little over a month after attorneys for O’Reilly and McPhilmy—known in court documents as Anonymous 2011-1 and Anonymous 2011-2—presented oral arguments at the division’s courthouse in Brooklyn Heights. According to the opinion, the court’s four justices unanimously ruled in McPhilmy’s favor based upon “the clearly stated preferences of the children”:
Viewing the totality of the circumstances, there is a sound and substantial basis for the Supreme Court’s determination that it is in the best interests of the children for the mother to be awarded primary residential custody. Particularly relevant in this case are the clearly stated preferences of the children, especially considering their age and maturity, and the quality of the home environment provided by the mother[.]
Read more: Gawker.com