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MATTER OF NEPHEW v. NEPHEW

45 A.D.3d 1194 (2007)

846 N.Y.S.2d 713

In the Matter of MATTHEW C. NEPHEW, Respondent, v. KIMBERLY A. NEPHEW, Appellant.

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

Decided November 29, 2007.

Mugglin, J.

Petitioner is the father and respondent is the mother of a son (born in 2001). In February 2003, they executed a separation agreement, later incorporated in a judgment of divorce, which provided for joint legal custody, with primary physical custody being with respondent. In November 2004, petitioner commenced this proceeding seeking modification of the custody order. Petitioner sought, and was granted, temporary...

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