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MATTER OF SUSAN A. v. IBRAHIM A.

7856.

96 A.D.3d 439 (2012)

945 N.Y.S.2d 688

2012 NY Slip Op 4386

In the Matter of SUSAN A., Respondent, v. IBRAHIM A., Appellant.

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

June 7, 2012.

The Family Court properly modified the prior custody order, since a "change of circumstances" (see Matter of Santiago v Halbal, 88 A.D.3d 616, 617 [2011]) occurred when respondent was arrested and incarcerated, and was unavailable to care for the children. The totality of the circumstances supported the conclusion that returning the children to respondent's custody, 21 months later, when...

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