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RUSSO v. MAIER

196 A.D.2d 720 (1993)

602 N.Y.S.2d 2

Kathleen Russo, Respondent, v. Michael Maier, Appellant

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

September 16, 1993

We agree with the IAS Court that an award of sole custody to plaintiff is in the best interests of the child. Plaintiff has been the child's primary caretaker since birth, and there is no evidence to demonstrate that plaintiff is in any way unfit to properly care for the child. Further, a change in custody would separate the child from her new half-brother (see, Fox v Fox, 177 A.D.2d 209, 210-211). As for child support, defendant...

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