Mathis v. Parkhurst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Family Court of Tioga County (Argetsinger, J.), entered December 10, 2002, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
In 1996, the divorced parties were awarded joint custody of their two children (born in 1989 and 1990), with respondent having physical custody and petitioner, who had moved to North Carolina, having visitation during the children’s summer and Christmas vacations. In April 2002, petitioner commenced this proceeding for modification of the custody order, alleging…
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