MATTER OF JOHNSON v. JOHNSON, JR.


279 A.D.2d 814 (2001)

718 N.Y.S.2d 741

In the Matter of JOANNE JOHNSON, Appellant, v. ROBERT C. JOHNSON, JR., Respondent.

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

Decided January 18, 2001.


Spain, J.

The parties, married in 1991, are the parents of three boys born in 1985, 1989 and 1992. After the parties separated, the children remained with petitioner for approximately 1½ years. In September 1996, the parties entered into a joint stipulation—later confirmed by a Family Court order—which awarded joint custody of the children to both parents with physical custody assigned to respondent. In September 1997, petitioner—seeking...

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