A New York appeals court denied Fox News host Bill OReillys petition seeking custody of his two children, Gawker reported on Monday. The courts Feb. 24 ruling upheld a Nassau County Supreme Court decision granting full custody of the 12-year-old boy and 17-year-old girl to Maureen McPhilmy, the Factor hosts ex-wife.
Viewing the totality of the circumstances, there is a sound and substantial basis for the Supreme Courts determination that it is in the best interests of the children for the mother to be awarded primary residential custody, the Appellate Division Second Judicial Department court stated. 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.
Court transcripts published last May showed that the girl told a court- appointed psychologist that OReilly was choking her mom or had his hands around her neck and dragged her down some stairs.
The psychologist, Larry Cohen, also testified that the daughter told him that OReilly described McPhilmy as an adulturer, and described McPhilmys new husband as not a good person.
According to Cohen, the daughter said OReilly told him that, if she spends her time or more time at the mothers home, it will ruin her life.
OReilly and McPhilmy divorced in September 2011 and originally agreed to split custody of the children.