MATTER OF MILLER v. MACE

507917.

74 A.D.3d 1442 (2010)

903 N.Y.S.2d 571

In the Matter of JOSEPH P. MILLER, Respondent, v. CARLIE MACE, Appellant.

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

Decided June 3, 2010.


McCarthy, J.

Under prior orders, the parties shared joint legal custody of their daughter (born in 2003), with respondent (hereinafter the mother) exercising primary physical custody and petitioner (hereinafter the father) exercising visitation. Based on a hair follicle drug test on the child that was positive for cocaine, the father commenced this proceeding seeking sole custody. Following a hearing, Family Court continued joint legal custody, but awarded primary...

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