Ferguson v. Whible
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from an order of the Family Court of Cortland County (Campbell, J.), entered November 15, 2007, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
Eetitioner and respondent were formerly married to each other and have two children, a son (born in 1997) and a daughter (born in 2000). The parties were divorced in October 2005. Their custody agreement was incorporated, but not merged, into their judgment of divorce. The agreement provided, among other things, that the parties would share joint legal and physi*989cal…
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