Ildefonso v. Brooker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from an order of the Family Court of Delaware County (Becker, J.), entered November 30, 2010, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the unmarried parents of two children (born in 2007 and 2009). In December 2009, the mother commenced a proceeding seeking sole custody of the children. The father did not appear at the scheduled fact-finding hearing in February 2010 and Family Court awarded the mother sole custody by…
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