WETHERBY v. WETHERBY


50 A.D.3d 1226 (2008)

854 N.Y.S.2d 813

ANTHONY E. WETHERBY, Appellant, v. THERESA L. WETHERBY, Respondent.

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

Decided April 3, 2008.


Peters, J.P.

In January 2004, plaintiff and defendant, parents of three children of the marriage, entered into an opt-out agreement which was incorporated, but not merged, into a subsequent judgment of divorce. As relevant here, the opt-out agreement provided that the parties would share joint legal custody of their minor child, with defendant having primary physical custody and plaintiff receiving liberal parenting time, directed plaintiff to pay all of the minor...

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