Bjork v. Bjork
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Family Court of St. Lawrence County (Potter, J.), entered June 1, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
*785The parties were divorced in 1999 and have one child, born in 1996. In 2001, respondent successfully moved to modify the judgment of divorce and secured sole legal custody of the child following a hearing during which several witnesses testified as to petitioner’s financial instability and parental unfitness. Thereafter, petitioner commenced a proceeding seeking to…
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