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MATTER OF SMITH v. BARNEY

513651.

101 A.D.3d 1499 (2012)

957 N.Y.S.2d 766

2012 NY Slip Op 9110

In the Matter of BRADLEY K. SMITH, Respondent, v. ELIZABETH J. BARNEY, Appellant. (And Another Related Proceeding.)

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

December 27, 2012.

Spain, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a daughter (born in February 2008). The unmarried parties lived together briefly with the father's parents until March 2008, when the mother moved out. Pursuant to a stipulated order entered in April 2008, they agreed to share joint legal custody of the child, with the mother to have primary physical custody and the father to have parenting time every weekend and...

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