Legal Opinion

Smith v. Miller

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

Decided February 26, 2004PublishedCited by 39 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Family Court of Fulton County (Jung, J.), entered January 14, 2003, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

The parties, parents of a child born in 1995, separated when the child was three years old. The prior consent order provided for joint legal custody, primary physical custody to the mother and substantial weekly visitation to the father. Problems with transferring the child arose, mainly due to the parties’ inability and unwillingness to communicate…

2Cases cited4 opinions

  1. Rosario WW. v. Ellen WW.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Fletcher v. YoungAppellate Division of the Supreme Court of the State of New York · 2001
  3. Ciannamea v. McCoyAppellate Division of the Supreme Court of the State of New York · 2003
  4. Parkhurst v. McFallAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by39 opinions

  1. Anson v. AnsonAppellate Division of the Supreme Court of the State of New York · 2005
  2. Eck v. EckAppellate Division of the Supreme Court of the State of New York · 2006
  3. Kilmartin v. KilmartinAppellate Division of the Supreme Court of the State of New York · 2007
  4. Melissa K. v. Brian K.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Zwack v. KosierAppellate Division of the Supreme Court of the State of New York · 2009

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