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MOLLOY v. MOLLOY

Docket No. 224179.

628 N.W.2d 587 (2001)

243 Mich. App. 595

Peter MOLLOY, Plaintiff/Counter-Defendant/Appellee, v. Wendy MOLLOY, Defendant/Counter-Plaintiff/Appellant.

Court of Appeals of Michigan.

Decided December 15, 2000 at 9:05 a.m.

Vacated in Part January 12, 2001.

Released for Publication February 14, 2001.

Attorney(s) appearing for the Case

Butzel Long (by James A. Gray, III), for the plaintiff. Detroit.

Judith A. Curtis, for the defendant. Detroit.

Before COLLINS, P.J., and JANSEN and ZAHRA, JJ.

JANSEN, J.

In this child custody dispute, defendant appeals as of right from a modified judgment of divorce awarding the parties joint legal and physical custody of their son. We remand for further proceedings on the issue of joint custody, but affirm the trial court's findings under the best interest factors in the Child Custody Act, M.C.L. § 722.23; M.S.A. § 25.312(3). However, we affirm the trial court's best interest findings only because we are compelled...

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