Mugglin, J.
The parties to this proceeding are the parents of a child born in 2000. Respondent filed a custody petition in February 2001 in Oneida County, which resulted, upon consent, in an order of joint custody, with the child's primary physical residence with respondent and visitation awarded to petitioner. In October 2003, petitioner filed two petitions, one claiming a violation of an order of visitation and the second seeking modification of
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