Diffin v. Towne
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Family Court of Montgomery County (Córtese, J.), entered August 11, 2006, which, among other things, granted petitioner’s application, in four proceedings pursuant to Family Ct Act articles 4 and 6, to modify a prior order of custody and visitation.
The parties were married in 1993 and divorced in 2000. They have a son, Derrell, who was born in 1995. In 1997, they entered into a separation agreement which was later incorporated but not merged into their judgment of divorce. They agreed to joint legal custody of their son with primary physical custody to respondent…
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