Grew v. Knox

SMOLENSK!, J.

Plaintiff appeals as of right the order denying plaintiffs request for a change of legal residence of the parties’ minor child and awarding defendant temporary physical custody of the child. We affirm in part, vacate in part, and remand for a hearing on the custody issue.

Plaintiff and defendant, who were both residents of Monroe County, have a minor child together. Several months after the child was born, plaintiff sued defendant for support and both parties agreed to the entry of *335a judgment awarding custody to plaintiff and granting defendant visitation rights. In 1998,…