IN THE MATTER OF CRUZ v. CRUZ


55 A.D.3d 992 (2008)

In the Matter of DIANA J. CRUZ, Appellant, v. IVAN CRUZ, Respondent. (And Another Related Proceeding.)

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

October 16, 2008.


Spain, J.

The parties are the parents of two daughters (born in 2000 and 2003). Respondent (hereinafter the father) moved out shortly after the younger daughter was born and petitioner (hereinafter the mother) filed for divorce in 2004. Pursuant to an August 2006 stipulation which was incorporated, but not merged, into their judgment of divorce, the parents now share joint legal custody of the children, their principal residence being with the mother. The father has...

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