Noel v. LePage

Appeal from an order of the Family Court of Franklin County (Silver, J.H.O.), entered September 24, 2013, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the parents of a child (born in 2009). In March 2010, the parties, who separated when the child was approximately five months old, agreed to a custody order that provided that they were to share physical custody of the child “as they mutually agree.” In February…