MATTER OF FORTNER v. BENSON


306 A.D.2d 577 (2003)

760 N.Y.S.2d 274

In the Matter of DARLENE R. FORTNER, Respondent, v. EDWARD BENSON, Appellant. (And Another Related Proceeding.)

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

Decided June 5, 2003.


Peters, J.

By order of Family Court, petitioner was granted both legal and physical custody of the parties' daughter, Shaelee (born in February 1997), and respondent received liberal visitation. Approximately two years later, petitioner sought to modify this order due to respondent's aggressive behavior and his inappropriate sleeping accommodations for Shaelee during visitations. At preliminary appearances before Family Court, alcohol, drug and psychological evaluations...

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