IN THE MATTER OF McCARTHA v. WILLIAMS


3 A.D.3d 750 (2004)

770 N.Y.S.2d 670

In the Matter of AMANDA J. McCARTHA, Appellant, v. HOWARD M. WILLIAMS, Respondent. (And Another Related Proceeding.)

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

January 22, 2004.


Peters, J.

Petitioner filed a petition for custody of the parties' son (born in 1999) alleging that respondent failed to maintain contact with him for 2½ years; the child was only three years old at the time. Petitioner further sought an order permitting her and the child to relocate to North Carolina.

At an initial appearance before Family Court, respondent explained that his failure to maintain contact was due to petitioner's unexpected relocation with...

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