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MATTER OF BARIBAULT v. SAUVOLA

2012-00606, 2012-00897.

101 A.D.3d 865 (2012)

955 N.Y.S.2d 406

2012 NY Slip Op 8517

In the Matter of KENNETH BARIBAULT, Appellant, v. KENDRA SAUVOLA, Respondent.

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

December 12, 2012.

Ordered that the orders are affirmed, with one bill of costs.

Where the initial custody determination is made by the adoption of an agreement by the parties, custody may be modified where is it shown that, viewing the totality of the circumstances, a change in custody is in the child's best interest (see Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 96 [1982]). "Custody determinations turn in large part on assessments of the...

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