Handibode v. Martensen

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Burke, Ct. Atty. Ref.), dated February 19, 2009, which, after an inquest held upon her default in appearing in opposition to the father’s petition to modify the custody provisions of a stipulation of settlement dated June 4, 1998, which was incorporated but not merged into a judgment of divorce of the same court (Tanenbaum, J.), dated August 7, 1998, granted the petition and awarded the father sole legal and physical custody of the subject child, and…