Breitenstein v. Stone

Appeal from an order of the Family Court of Schenectady County (James, J.H.O.), entered January 23, 2012, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Pursuant to a June 2008 custody order, petitioner (hereinafter the mother) and respondent (hereinafter the father) shared joint legal and physical custody of their child (born in 2002). Following the father’s incarceration in 2010 and shortly before his relocation to a correctional facility out of state in 2011, the mother commenced this modification proceeding…