MATTER OF VOLPE v. VOLPE


61 A.D.3d 691 (2009)

878 N.Y.S.2d 72

In the Matter of PAMELA VOLPE, Appellant, v. CHRISTOPHER VOLPE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, those branches of the mother's petition which were to modify so much of the judgment as awarded custody of the parties' son to the father upon the consent of the parties, and to award her sole custody of the son, are granted.

"In determining whether a custody agreement that was incorporated in a judgment of divorce should be modified, the paramount...

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