Nephew v. Nephew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Family Court of Warren County (Breen, J.), entered June 14, 2006, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
Petitioner is the father and respondent is the mother of a son (born in 2001). In February 2003, they executed a separation *1195agreement, later incorporated in a judgment of divorce, which provided for joint legal custody, with primary physical custody being with respondent. In November 2004, petitioner commenced this proceeding seeking modification of the custody order.…
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