MATTER OF FIGUEROA v. LOPEZ


48 A.D.3d 906 (2008)

851 N.Y.S.2d 689

In the Matter of LUIS F. FIGUEROA, Respondent, v. LYDIA M. LOPEZ, Appellant. CHARLES E. ANDERSEN, as Law Guardian, Appellant.

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

Decided February 21, 2008.


Lahtinen, J.

Respondent (hereinafter the mother) was awarded sole custody of the parties' child in September 2004 and, a year later, petitioner (hereinafter the father) filed a modification petition seeking custody. At the commencement of a hearing on the father's petition, the parties stipulated on the record to joint custody, with the mother having primary physical custody and the father receiving visitation. The Law Guardian stated that he did not consent to the...

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