Martin v. Mills
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 Broome County (Connerton, J.), entered March 28, 2011, which partially granted 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 a son born in 2001. The parties separated after the child’s birth and, in September 2002, both filed petitions for custody. As part of those proceedings, a Family Ct Act § 1034 investigation of the mother indicated her for inadequate guardianship based on…
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