GUEVARA v. GUEVARA


262 A.D.2d 251 (1999)

692 N.Y.S.2d 367

LEONORA GUEVARA, Respondent, v. HECTOR M. GUEVARA, Appellant.

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

Decided June 29, 1999.


The parties' separation agreement, which was incorporated but not merged into their May 7, 1984 divorce decree, gave them joint custody of their daughter and provided that "on all matters of importance relating to the child's health, education, welfare and religion, it shall be mutually agreed upon by both Husband and Wife". Within the context of these proceedings, however, that provision cannot be viewed as having any more force than an agreement to agree, particularly since...

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