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MATTER OF JENNIFER G. v. BENJAMIN H.

509163.

84 A.D.3d 1433 (2011)

923 N.Y.S.2d 249

In the Matter of JENNIFER G., Respondent, v. BENJAMIN H., Appellant. (And Three Other Related Proceedings.).

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

Decided May 5, 2011.

LAHTINEN, J.

The parties are the parents of three children (born in 1991, 1994 and 1998). They divorced in 2002 and their separation agreement, which was incorporated but not merged into the divorce judgment, provided for joint legal custody. A detailed visitation schedule in the agreement set forth, among other things, that petitioner (hereinafter the mother) would have physical custody on most weekdays and respondent (hereinafter the father) would have physical...

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