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MATTER OF PARKHURST v. McFALL

1 A.D.3d 78 (2003)

767 N.Y.S.2d 484

In the Matter of TIMOTHY PARKHURST, Respondent, v. ANGELA McFALL, Respondent. DANIEL J. FITZSIMMONS, as Law Guardian, Appellant. (And Two Other Related Proceedings.)

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

November 26, 2003.

Attorney(s) appearing for the Case

Daniel J. Fitzsimmons, Law Guardian, Watkins Glen, for appellant.

James Goode, Elmira, for Angela McFall, respondent.

Connie Fern Miller, Watkins Glen, for Timothy Parkhurst, respondent.

SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

CREW III, J.P.

Petitioner and respondent formerly lived together in Pennsylvania with their biological child, Dakota (born in 1998). Following their separation, respondent relocated to New York with Dakota and her two sons from prior relationships. Several months later, respondent petitioned for custody of Dakota and, by order entered April 13, 2000, Family Court awarded the parties joint legal custody of Dakota, with physical custody...

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