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MATTER OF MARTIN v. MARTIN

61 A.D.3d 1297 (2009)

878 N.Y.S.2d 475

In the Matter of JEFFREY J. MARTIN, Appellant, v. LEA M. MARTIN, Respondent.

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

Decided April 30, 2009.

CARDONA, P.J.

The parties are the divorced parents of one son, born in 1997. In 2005, Family Court (Sgueglia, J.) issued an order upon stipulation granting the parties joint legal custody of the child, with respondent (hereinafter the mother) having primary physical custody and petitioner (hereinafter the father) having liberal visitation. In November 2007, the mother's boyfriend broke into her home and assaulted her in front of the child. The child ran to the neighbor...

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