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STECK v. STECK

307 A.D.2d 819 (2003)

763 N.Y.S.2d 54

CATHRINE STECK, Respondent, v. FREDRIC STECK, Appellant.

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

Decided August 7, 2003.

The parties' separation agreement provides for joint custody of the children, but for their primary residence to be with plaintiff mother. Prior to the entry of the divorce judgment, into which the separation agreement was incorporated but with which it was not merged, defendant relocated to California, his home state, commuting to New York once or twice a month to be with the children.

Although the totality of the circumstances...

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