Grathwol v. Grathwol

285 A.D.2d 957, 727 N.Y.S.2d 825, 2001 N.Y. App. Div. LEXIS 7669
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 26, 2001
StatusPublished
Cited by16 cases

This text of 285 A.D.2d 957 (Grathwol v. Grathwol) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grathwol v. Grathwol, 285 A.D.2d 957, 727 N.Y.S.2d 825, 2001 N.Y. App. Div. LEXIS 7669 (N.Y. Ct. App. 2001).

Opinion

—Lahtinen, J.

Appeal from an order of the Family Court of Saratoga County (Hall, J.), entered March 21, 2001, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for modification of a prior order of custody.

Petitioner and respondent, who married in 1994 and divorced in 1999, are the biological parents of a son, born in May 1995. In July 1999, the parties entered into a comprehensive stipulation resolving their divorce action, which was incorporated but not merged into the divorce judgment. The stipulation provided, in pertinent part, that they would have joint legal custody of the child, they would be equal physical custodians with specific possessory custodial periods, upon the child’s completion of third grade, he would alternate full weeks with each parent and he would reside and attend school within the Shenendahowa Central School District in the Town of Clifton Park, Sara-toga County.

In July 2000, after accepting a full-time teaching position near the City of Syracuse, Onondaga County, petitioner filed a petition seeking to modify the year-old custody arrangement by permitting her to relocate to the Syracuse area with the child. Respondent filed an answer and cross-petitioned seeking primary physical custody of the child. Petitioner moved to Syracuse in the fall of 2000, where she lived with her sister and began her new teaching position. The child lived with respondent and petitioner had weekend visitation. On March 21, 2001, after a hearing spanning four nonconsecutive days, Family Court issued a thorough and well-reasoned decision and order modifying the divorce judgment by granting petitioner sole [958]*958custody of the child and permitting her to relocate to the Syracuse area with the child.

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Bluebook (online)
285 A.D.2d 957, 727 N.Y.S.2d 825, 2001 N.Y. App. Div. LEXIS 7669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grathwol-v-grathwol-nyappdiv-2001.