IN THE MATTER OF CAREY v. KIMBALL


15 A.D.3d 797 (2005)

790 N.Y.S.2d 276

In the Matter of JENNIFER CAREY, Respondent, v. TERRANCE KIMBALL, Appellant.

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

February 24, 2005.


Kane, J.

The parties are the divorced parents of two boys, now five and 10 years old. A prior stipulated custody order awarded joint legal custody, pursuant to which respondent had the children from Monday through Wednesday morning, petitioner had them from Wednesday through Friday and the weekends were alternated. Respondent lives in Schenectady County, where the oldest child was enrolled in school, while petitioner and her husband live in Saratoga County. Petitioner...

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