Appellate Division of the Supreme Court of the State of New York October 18, 2012 (Roberta GG. v. Leon HH.)

Rose, J.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the unmarried parents of a son born in 1998. When the parties separated in 2007, the child resided with the mother and spent visitation time with the father. During an exchange of the child in 2010, an incident occurred that led the mother to file family offense and custody petitions.