IN THE MATTER OF CLARKE v. CLARKE


6 A.D.3d 757 (2004)

774 N.Y.S.2d 599

In the Matter of ARTHUR R. CLARKE, Appellant, v. MICHELLE CLARKE, Respondent. LYNNE E. ACKNER, as Law Guardian, Appellant. (And Another Related Proceeding.)

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

April 1, 2004.


Lahtinen, J.

Petitioner and respondent are the parents of one child, born in 1997. The parties separated in 1999 and respondent retained physical custody of the child. In December 2000, Clinton County Family Court issued a custody order directing joint legal and physical custody with visitation by mutual agreement. Also in December 2000, petitioner took physical custody of the child because respondent was hospitalized for drug and alcohol abuse coupled with mental...

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