Matter of Harrell v. Fox
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtClark, J.
Appeal from an order of the Family Court of Broome County (Pines, J.), entered April 7, 2015, which, sua sponte, dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior award of custody.
Petitioner (hereinafter the mother) and respondent (hereinafter the father) are, as relevant here, the parents of three children born between 2003 and 2008. In 2013, the father petitioned for custody of the children and, following an evidentiary hearing at which the mother failed to appear, Family Court awarded the father sole legal and physical custody of the…
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