MATTER OF ATHENA H.M. v. SAMUEL M.

570562/11.

143 A.D.3d 561 (2016)

2016 NY Slip Op 06865

38 N.Y.S.3d 898

In the Matter of ATHENA H.M., Appellant, v. SAMUEL M., Respondent.

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

Decided October 20, 2016.


In the context of their divorce proceedings, the parties stipulated to joint custody of their two children, with physical custody to petitioner mother. About six years later, petitioner relinquished physical custody to respondent because she was medically unable to care for the children. Respondent then brought a petition to modify the custody order to grant him sole custody. Petitioner, appearing by telephone and without legal counsel, consented to modify the custody order...

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