Mugglin, J.
On April 20, 2004, respondent (hereinafter the father) was awarded sole legal and physical custody of the parties' daughter. Thereafter, on May 24, 2004, petitioner (hereinafter the mother) filed a petition in Family Court seeking custody. At the initial return date of the petition, the father served and filed a motion to dismiss asserting that the petition failed to make any factual showing of a substantial change in circumstances warranting modification...
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