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IN THE MATTER OF SMITH, JR. v. MILLER

4 A.D.3d 697 (2004)

772 N.Y.S.2d 742

In the Matter of GERALD J. SMITH, JR., Respondent, v. PAULETTE M. MILLER, Appellant. (And Two Other Related Proceedings.)

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

February 26, 2004.

Kane, J.

The parties, parents of a child born in 1995, separated when the child was three years old. The prior consent order provided for joint legal custody, primary physical custody to the mother and substantial weekly visitation to the father. Problems with transferring the child arose, mainly due to the parties' inability and unwillingness to communicate effectively. Both parties filed petitions in Family Court alleging violations of the prior order, with the...

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