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MATTER OF LA POINTE v. LA POINTE

33 A.D.3d 1174 (2006)

823 N.Y.S.2d 275

In the Matter of JAMIE LA POINTE, Appellant, v. MICHAEL LA POINTE, Respondent.

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

Decided October 26, 2006.

Carpinello, J.

The parties are the parents of one child (born in 2000). After their separation in the summer of 2004, the child continued to reside with respondent in the marital residence. Petitioner thereafter filed for custody.* Following a hearing, Family Court awarded the parties joint legal custody. With respect to the disputed issue of which parent would be awarded physical custody, the court concluded that, although both parties...

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