MATTER OF MABIE v. O'DELL


48 A.D.3d 988 (2008)

851 N.Y.S.2d 733

In the Matter of DANIEL E. MABIE, Petitioner, v. AIMEE E. O'DELL, Respondent. ROBERT L. ESTES, as Law Guardian, Appellant.

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

Decided February 28, 2008.


Kane, J.

The parties are the parents of two children, a daughter born in 1991 and a son born in 1994. Since their 1995 stipulation, later incorporated into their judgment of divorce, the parties exercised joint custody, with primary physical residence with respondent and parenting time with petitioner every other weekend. According to an agreement of the parents, petitioner also has parenting time each Wednesday evening. In May 2006, petitioner commenced this proceeding...

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