MATTER OF KERWIN v. KERWIN


39 A.D.3d 950 (2007)

833 N.Y.S.2d 694

In the Matter of CONSUELA KERWIN, Appellant, v. MICHAEL KERWIN, Respondent.

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

Decided April 5, 2007.


Crew III, J.P.

Petitioner and respondent, who divorced in February 2001, are the biological parents of a daughter, Keirstin (born in 1999). The parties initially stipulated to joint legal custody, with physical custody to petitioner and visitation to respondent. That arrangement proceeded without incident until early 2004, when petitioner apparently asked respondent to assume temporary physical custody of the child. Although not entirely clear from the record, it...

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