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IN THE MATTER OF FERGUSON

55 A.D.3d 988 (2008)

865 N.Y.S.2d 156

In the Matter of AMANDA B. FERGUSON, Respondent, v. CHRIS WHIBLE JR., Appellant.

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

October 16, 2008.

Stein, J.

Petitioner and respondent were formerly married to each other and have two children, a son (born in 1997) and a daughter (born in 2000). The parties were divorced in October 2005. Their custody agreement was incorporated, but not merged, into their judgment of divorce. The agreement provided, among other things, that the parties would share joint legal and physical custody of the children, that they would deliver...

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