Legal Opinion

Miller v. Mace

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 2010PublishedCited by 6 opinions

1Opinion of the CourtMcCarthy, J.

Appeal from an order of the Family Court of Schenectady County (Assini, J.), entered July 20, 2009, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Under prior orders, the parties shared joint legal custody of their daughter (born in 2003), with respondent (hereinafter the mother) exercising primary physical custody and petitioner (hereinafter the father) exercising visitation. Based on a hair follicle drug test on the child that was positive for cocaine, the father commenced this proceeding seeking sole custody.…

2Cases cited5 opinions

  1. In re HarlemAppellate Division of the Supreme Court of the State of New York · 2007
  2. Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  3. Claim of Speer v. Wackenhut Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Cato v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  5. Mancini v. MormileAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by6 opinions

  1. Mace v. MillerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Grayson S. (Thomas S.)Appellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of Jordan v. HorstmeyerAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Fraser v. FraserAppellate Division of the Supreme Court of the State of New York · 2020
  5. Kathleen E. v. Charles F.Appellate Division of the Supreme Court of the State of New York · 2011

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