Lowe v. Witchella

— Yesawich, Jr., J.

Appeal from an order of the Family Court of Chenango County (Thomas, J.), entered October 30, 1985, which denied petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for custody of Jason Lowe.

*852Petitioner and respondent were married in 1977. Jason Lowe is the only issue of their union which ended in November 1979. Pursuant to the terms of a separation agreement incorporated but not merged into their divorce judgment, respondent was awarded custody of Jason, with petitioner enjoying substantial visitation rights.

Petitioner’s application, in 1983,…