Whitney v. Whitney

Appeal from an order of the Family Court of Washington County (Berke, J.), entered May 30, 1989, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for physical custody of the parties’ children.

The parties have two sons born in 1975 and 1980. They were divorced in 1988 pursuant to a judgment which incorporated but did not merge therein a stipulation providing for *811joint custody with physical custody with respondent and visitation for petitioner. Within six months, petitioner commenced this proceeding for custody. Following a hearing,…