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MATTER OF LUKE v. LUKE

510880.

90 A.D.3d 1179 (2011)

933 N.Y.S.2d 782

2011 NY Slip Op 8861

In the Matter of MELVIN W. LUKE, Respondent, v. HEIDI L. LUKE, Appellant. (And 12 Other Related Proceedings.)

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

Decided December 8, 2011.

McCARTHY, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of one child (born in 2001). The parties are still married, but separated prior to the child's birth. In 2003, after a DNA test established the father's paternity, the parties agreed to a stipulated order of joint custody, physical custody to the mother and visitation with the father on alternate weekends. These visits...

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