Rush v. Roscoe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Respondents, Sheldon Roscoe Sr. (hereinafter the father) and Mary Gee (hereinafter the mother), are the parents of a child (born in 1999). For the first eight months of her life, the child resided with respondents. Thereafter, and for approximately one year, she resided with petitioner, her maternal aunt, in the City of Schenectady, Schenectady County. The father briefly regained physical custody in 2001, but later that year the child was returned to petitioner following the father’s arrest on drug charges; he was thereafter incarcerated for six years. The mother obtained sole custody in…
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