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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
May 07, 2004

Waking Hours With Child Do Not Determine 'Custodial Parent'

In rejecting respondent's appeal of child support amounts awarded by a Support Magistrate, the Appellate Division, Third Department, refused to accept a father's argument that he should be declared his child's custodial parent on the basis that he spent more waking hours with the girl than did the mother. In the Matter of Somerville v. Somerville, 2004 N.Y. App. Div. LEXIS 2544 (App. Div., 3d Dept. 3/11/04) (Crew III, J.P.; Carpinello, Rose, Lahtinen and Kane, JJ.).

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