Evanitsky v. Evans

Mercure, J.P.

Appeal from an order of the Family Court of Broome County (Charnetsky, J.), entered May 5, 2009, which, *1087among other things, dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6 and Domestic Relations Law article 5-A, to modify a prior order of custody entered in Georgia.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the unmarried parents of a daughter and two sons, born in 2000, 2003 and 2004, respectively. In 2005, the Superior Court of Bartow County, Georgia entered a consent order awarding custody of the…