Bill O'Reilly on Fox News: New York courts hears that Fox News host’s children have chosen to live with their mother.Fox

Fox News host, Bill O’Reilly has lost custody of his two teenage children amidst a court battle with his ex-wife Maureen McPhilmy.

Nassau County Supreme Court made the initial ruling last year, O’Reilly (66) had appealed the ruling but the decision was upheld. McPhilmy (49) has now been given full custody of the teenager, Madeleine (17) and her 13-year-old brother, Spencer.

The New York Appeals court decision, a 1,400-page document, states:

"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."

The ruling also suggests that the court was influenced by the children’s choice, indicating they don’t want to live with O’Reilly.

It reads “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."

The Fox pundit will maintain visitation right and share legal custody over the children. The case’s ruling, listed as “Anonymous 2011-1 v Anonymous 2011-2.”

The ruling states “the record supports the court's finding that if either parent were awarded sole decision-making authority, there would be a danger that it would be used to exclude the other parent from meaningful participation in the children's lives.”

Last year the couple’s daughter, Madeleine (17), told a court appointed forensic examiner that she saw her father dragging McPhilmy (49) down a staircase by her neck at the couple’s home in Manhasset, New York.

O’Reilly released a statement denying the accusations. It read “All allegations against me in these circumstances are 100 percent false. I am going to respect the court-mandated confidentiality put in place to protect my children and will not comment any further.”

Gawker published the transcripts from the court case, in May 2015 which state “M. [Madeleine] reported—having seeing an incident where I believe she said her dad was choking her mom or had his hands around her neck and dragged her down some stairs.”

O’Reilly and McPhilmy separated in April 2010. Since their separation McPhilmy has married a Nassau County Police detective named Jeffrey Gross. According to the Daily Mail when O’Reilly learned of their relationship he had an internal affairs investigation launched into Gross. O’Reilly had previously raised money for the department. He told the church that McPhilmy was receiving communion even though he was divorced and remarried and that she had been telling their children that her second marriage was valid in the eyes of God. She was allegedly reprimanded by her Long Island parish in writing.

The couple divorced in September 2011.

As part of the couple’s agreement they hired a child therapist to arbitrate any potential custodial disputes. In the court papers, from January 2013, McPhilmy claimed that O’Reilly had “hired the children's therapist as a full-time employee to perform virtually all of his parental duties.”