MATTER OF CLAFLIN v. GIAMPORCARO

507245.

75 A.D.3d 778 (2010)

904 N.Y.S.2d 580

In the Matter of DONALD H. CLAFLIN, Appellant, v. ELENA C. GIAMPORCARO, Formerly Known as ELENA C. CLAFLIN, Respondent. (And Another Related Proceeding.)

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

Decided July 8, 2010.


McCarthy, J.

When petitioner (hereinafter the father) and respondent (hereinafter the mother) obtained a divorce in 2005, the judgment incorporated a stipulation that they share joint custody of their son (born in 2004). The judgment included a schedule in which the parents had substantially equal time with the child, but did not address schooling or state which parent had primary physical custody. When the child reached school age, the father filed a petition seeking...

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