New York- State Appeals judges repeatedly fired tough questions yesterday at the lawyer for a married corporate executive who won custody of twin girls born during his affair with a former Playboy model.
The hearing, oral arguments at the Appellate Division, gave new hope to Bridget Marks in her custody tug of war with John Aylsworth, president of President Casinos Inc.
Marks is asking to reverse a May ruling by Manhattan Family Court Judge Arlene Goldberg giving Aylsworth custody of their identical twins, Amber and Scarlet, now 5. The appeals court granted Marks an expedited hearing, and judges asked detailed, probing questions.
Justice Joseph Sullivan asked how it could be in the best interests of children to be taken from a “good enough” mother, who reared them alone for four years.
“These children, in essence, are going to be raised by [Aylsworth’s] wife,” Sullivan said. “Why are they going to be better off?”
In Family Court, Goldberg ruled Aylsworth should get the twins because Marks had engaged in parental alienation by making false sex abuse allegations against him.
“We don’t take away children from their biological mother in every case where they come up being short in their skills as a mother,” Sullivan said.
Justice David Saxe suggested Marks’ behavior, rather than being “delusional,” as a court-appointed psychiatrist had found, was “perfectly understandable.”