MATTER OF PHELPS v. PHELPS


245 A.D.2d 893 (1997)

666 N.Y.S.2d 817

In the Matter of Clista P. Phelps, Respondent, v. Steven C. Phelps, Appellant. (And Another Related Proceeding.)

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

December 24, 1997


Carpinello, J.

The parties are the parents of a son born out of wedlock in March 1991 when petitioner was 14 years old and respondent was 25 years old. An order of filiation and support was entered in December 1991. In September 1993, the parties, who had since married, regained custody of the child who had been in foster care for the preceding two years. Following marital discord in April 1995, the parties filed cross petitions for sole

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