MATTER OF GUTIY v. GUTIY


40 A.D.3d 1155 (2007)

834 N.Y.S.2d 734

In the Matter of IVAN GUTIY, Appellant, v. LYUBOV GUTIY, Respondent. (And Another Related Proceeding.)

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

Decided May 3, 2007.


Lahtinen, J.

The parties, parents of seven children, separated in 2003 and custody proceedings ensued as to the five unemancipated children. During the pendency of those proceedings, respondent (hereinafter the mother) moved to New Jersey with the five children to be near her extended family. Petitioner (hereinafter the father) conceded that the two oldest of the five (born in 1987 and 1988) should stay with the mother, but he sought custody of the three youngest...

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