MATTER OF MARX v. TUCKER, SR.


36 A.D.3d 1125 (2007)

827 N.Y.S.2d 773

In the Matter of PATRICIA M. MARX, Respondent, v. HENRY J. TUCKER, SR., Appellant, et al., Respondent.

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

Decided January 18, 2007.


Peters, J.P.

For the past six years, the child (born in 1999) lived primarily with his father, respondent Henry J. Tucker Sr. (hereinafter respondent), sharing joint legal custody with his mother, respondent Jillian A. Pollack. Petitioner, the maternal grandmother, always exercised liberal visitation as permitted by respondent. In May 2005, she commenced this proceeding seeking sole custody, naming both parents as respondents. On the date of trial, she appeared with...

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