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IN THE MATTER OF MILLAN v. VARGAS

5 A.D.3d 602 (2004)

772 N.Y.S.2d 849

In the Matter of JEREMIAH MILLAN, Appellant, v. BEATRICE VARGAS, Respondent.

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

March 15, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that in determining the issue of parental custody of a child, the primary concern is the best interests of the child (see Eschbach v Eschbach, 56 N.Y.2d 167, 171 [1982]). In determining whether a custody agreement should be modified, the paramount issue before the court is whether, under the totality of the circumstances, a modification...

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