Bathrick v. Bathrick

Cross appeals from an order of the Family Court of Montgomery County (Cortese, J.), entered March 3, 2008, which, among other things, dismissed petitioner’s application, in proceedings pursuant to Family Ct Act article 6, for custody of petitioner’s niece.

Pursuant to a Family Court order entered upon consent in April 2006, respondent Danielle E. Bathrick (hereinafter the mother) and respondent John W. LaValley (hereinafter the father) were awarded joint legal custody of the subject child (born in 2006). In August of that year, however, as both parents were at the time incarcerated, petitioner…