MATTER OF FARMER v. DERVAY


203 A.D.2d 795 (1994)

611 N.Y.S.2d 53

In the Matter of Julianne M. Farmer, Also Known as Julianne M. Dervay, Petitioner, v. Robert P. Dervay, Respondent. Richard F. Place, Law Guardian, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 21, 1994


White, J.

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 1978 and divorced in 1984. A separation agreement, which was incorporated...

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