Mercure, J.
Petitioner and respondent are the parents of a daughter, born June 7, 1993. In November 2000, petitioner brought the instant proceeding for sole custody of the child. At that time, respondent had been convicted of attempted assault in the second degree and was incarcerated at a state correctional facility. During proceedings before Family Court in May 2001, the parties consented to a disposition of the matter which gave petitioner sole legal custody of...
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