Seminara v. Seminara

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, by permission, from an order of the Family Court, Suffolk County (Boggio, Ct. Atty. Ref.), dated February 21, 2013, which denied her motion to dismiss the *950father’s petition to modify a prior order of custody so as to award him sole legal and residential custody of the subject child.

Ordered that the order is affirmed, with costs.

On April 7, 2011, the parties, who are separated but not divorced, agreed to an order of joint custody whereby the mother would have primary physical custody of the subject child…