MATTER OF BENJAMIN v. BENJAMIN


48 A.D.3d 912 (2008)

851 N.Y.S.2d 305

In the Matter of GARY R. BENJAMIN, Appellant, v. MICHELLE C. BENJAMIN, Respondent. (And Another Related Proceeding.)

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

Decided February 21, 2008.


Kane, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother), the married parents of two sons (born in 1999 and 2000), separated in December 2004. In October 2005, they stipulated to an order of joint custody, primary placement with the mother and parenting time with the father on alternate weekends, one or two overnights during the week and after school until 7:00 P.M. on most school days. At the time, the mother was working weekdays from...

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