Nugent v. Rucks

The parties to this proceeding were married in August 1979 and divorced in November 1989. The judgment of divorce incorporated, but did not merge, a separation agreement executed in June 1987 which provided, inter alia, that the parties share "joint custody for all legal concerns including but not limited to equal say in the education” of Brendan, born in 1985, the sole issue of the marriage. By subsequent agreement the parties agreed to divide physical custody of the child equally. Thereafter, in 1990, respondent enrolled the child in Doane Stuart School, a private school in Albany County.…