MATTER OF SPENCER v. SPENCER

510344.

85 A.D.3d 1244 (2011)

925 N.Y.S.2d 227

2011 NY Slip Op 4565

In the Matter of SCOTT T. SPENCER, Respondent, v. SUSAN M. SPENCER, Appellant.

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

Decided June 2, 2011.


McCarthy, J.

The parties are the parents of three children (born in 1997, 1999 and 2001). As reflected in their divorce judgment, the parties agreed to joint legal custody, physical placement with respondent (hereinafter the mother), and visitation with petitioner (hereinafter the father) every other weekend. In 2009, the father commenced this proceeding seeking to modify the custodial arrangement based upon an improper relationship that the mother's male friend had...

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