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MATTER OF MAGWOOD v. MARTINEZ

35 A.D.3d 743 (2006)

827 N.Y.S.2d 243

In the Matter of HERBERT MAGWOOD, Respondent, v. SHARO MARTINEZ, Appellant.

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

Decided December 19, 2006.

Ordered that the order is affirmed, without costs or disbursements.

In adjudicating custody and visitation rights, the most important factor for the court to consider is the best interests of the child (see Eschbach v Eschbach, 56 N.Y.2d 167 [1982]), which requires an evaluation of the "totality of the circumstances" (Friederwitzer v Friederwitzer, 55 N.Y...

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