Mabie v. O'Dell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Family Court of Otsego County (Burns, J.), entered November 13, 2006, which dismissed 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 two children, a daughter born in 1991 and a son born in 1994. Since their 1995 stipulation, later incorporated into their judgment of divorce, the parties exercised joint custody, with primary physical residence with respondent and parenting time with petitioner every other weekend. According to an agreement of the parents, petitioner…
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