Farmer v. Dervay

Appeal from an order of the Family Court of Broome County (Hester, Jr., J.), entered July 28, 1993, which, in a proceeding pursuant to Family Court Act article 6, dismissed an application for modification of a prior custody order.

The Law Guardian for the parties’ child brought this proceeding in the name of petitioner, the child’s mother, seeking modification of a prior custody order by awarding physical custody of the child to petitioner, who now resides in Florida. Family Court dismissed the petition without a hearing.

The history of this proceeding shows that the parties were married in…