Appellate Division of the Supreme Court of the State of New York December 1, 2009 (Goldstein v. Goldstein)

*718The parties to this action were married in 1998 and had one child, a daughter, born on August 24, 1998. In 1999 the parties separated and executed a written separation agreement, inter alia, giving the defendant mother custody of the child, subject to enumerated visitation rights for the plaintiff father, including overnight visitation with the child.