Peabody v. Peabody

Appeal from an order of the Family Court of Washington County (Hemmett, Jr., J.), entered February 15, 2002, which partially granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

The parties are the parents of a 10-year-old boy, Joshua, of whom they have joint custody pursuant to a prior order entered upon a stipulation. While staying at respondent’s family farm, Joshua was injured after falling from the back of a chair. Joshua suggested that his uncle, Charles Peabody, may have caused his fall by pushing him. When petitioner…