MATTER OF BREITUNG v. TRASK


279 A.D.2d 677 (2001)

717 N.Y.S.2d 799

In the Matter of THOMAS P. BREITUNG, Respondent, v. JACQUELINE D. TRASK, Appellant.

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

Decided January 4, 2001.


Spain, J.

The parties were divorced in December 1995 and are the parents of two children, a son (born in 1990) and a daughter (born in 1992). Pursuant to a June 1994 separation agreement which was incorporated into a judgment of divorce, the parties agreed to maintain joint legal custody of the children with respondent having primary physical custody subject to petitioner's visitation. Thereafter, petitioner made an application for a modification of the existing custody...

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