Cole v. Nofri

I respectfully dissent and would affirm the order that, inter alia, dismissed the petition. Preliminarily, I note that the parties were divorced in December 2005, and the child who is the subject of this proceeding (child) had just turned four years old at that time. Following a trial, the parties were granted joint custody of the child, and respondent father was granted primary physical custody. Although the transcript of that trial is not included in the record on appeal, I can only conclude that a determination was made that it was in the best interests of the child for the father to have…