MATTER OF HETHERTON v. OGDEN

507919.

79 A.D.3d 1172 (2010)

912 N.Y.S.2d 163

In the Matter of JAMES D. HETHERTON, Respondent, v. SHIANA OGDEN, Appellant. (And Three Other Related Proceedings.).

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

Decided December 2, 2010.


GARRY, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a child born in 2007. The mother also has a daughter from a previous relationship. The mother and father ended their relationship in 2007 and agreed to the entry of a custody order by which the mother received physical custody and the father received visitation rights. Thereafter, the mother, her daughter and the child resided with the

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