MATTER OF WITHEROW v. BLOOMINGDALE


40 A.D.3d 1203 (2007)

834 N.Y.S.2d 723

In the Matter of SHAWN WITHEROW, Respondent, v. CELESTE BLOOMINGDALE, Appellant. (And Another Related Proceeding.)

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

Decided May 3, 2007.


Lahtinen, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a son (born in 1999). They ceased cohabitating within six months of the child's birth. Thereafter, an order entered in March 2003 and a stipulation and order entered in July 2003 provided that the mother and father would maintain joint custody and alternate physical custody each week. In April 2005, the father filed a modification petition seeking primary physical...

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