Mark P. v. Jamie Q.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Family Court of Rensselaer County (Cholakis, J.), entered February 20, 2008, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody and visitation.
The parties are the parents of a daughter born in 2000. In 2005, respondent (hereinafter the mother) petitioned for sole custody based upon her allegation that petitioner (hereinafter the father) had sexually abused the daughter. After a hearing in June 2006, and without making a finding on the record as to whether the alleged sexual abuse had…
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