MATTER OF McDEVITT v. STIMPSON


1 A.D.3d 811 (2003)

767 N.Y.S.2d 507

In the Matter of ELIZABETH McDEVITT, Respondent, v. ERNEST STIMPSON, Respondent, and KIMBERLY STIMPSON, Appellant. (And Another Related Proceeding.)

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

November 26, 2003.


Spain, J.

Respondents are the parents of a child born in May 1995. They married in October 1997 and separated the following year, divorcing in 2001. In 1998, petitioner, the child's paternal grandmother, filed for custody, having cared for him since birth in her home with the help of her husband (who died in 2001), a minimum of four uninterrupted days every week. In August 1998, the parties agreed to a final consent order giving petitioner physical custody with joint...

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