Matter of Merchant v. Caldwell

Appeal by the father from an order of the Family Court, Kings County (Judith Waksberg, J.), dated May 23, 2016. The order, insofar as appealed from, without a hearing, granted the mother’s motion to dismiss the father’s petition to modify the custody provisions of the parties’ stipulation of settlement so as to award him sole physical custody, or, in the alternative, sole legal custody, of the parties’ child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties were never married, and have one child in common. On October 1, 2013, they entered…