MATTER OF OWENS v. O'BRIEN

511138

91 A.D.3d 1049 (2012)

936 N.Y.S.2d 742

2012 NY Slip Op 144

In the Matter of ARLENE TRACEY OWENS, Appellant, v. MICHAEL EMMETT THOMAS O'BRIEN, Respondent.

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

Decided January 12, 2012.


STEIN, J.

The parties are the parents of a son (born in 2005). In October 2009, Family Court entered an order, on consent of the parties, awarding them joint custody, with respondent (hereinafter the father) having physical placement of the child and petitioner (hereinafter the mother) having liberal visitation as the parties could agree. Soon thereafter, the mother sought to modify the order on the basis that the father was acting uncivilly towards her and she raised...

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