MATTER OF ROA v. MARTE

2018-05070, Docket Nos. V-3830-17/17A/17B/17C.

171 A.D.3d 759 (2019)

97 N.Y.S.3d 304

2019 NY Slip Op 02526

In the Matter of Xochitl Roa, Appellant, v. Peter Marte, Respondent. (Proceeding No. 1.). In the Matter of Peter Marte, Respondent, v. Xochitl Roa, Appellant. (Proceeding Nos. 2 and 3.).

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

Decided April 3, 2019.


Ordered that the order is affirmed, without costs or disbursements.

The parties were married and are the parents of one child, born in 2006. In a stipulation of settlement (hereinafter the stipulation) dated June 19, 2014, which was incorporated but not merged into a judgment of divorce dated November 6, 2014, the parties agreed to joint legal custody of the child, with primary physical custody to the mother. The father was entitled to parental access with the child...

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