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Mother Loses Custody after Tour in Iraq
A New York appellate court affirmed a family court ruling that granted primary physical custody of a child to his father after the mother went through a period of absence and upheaval starting with her tour of duty in Iraq.
Tanya Towne's stint in Iraq in 2004 and 2005 was validly considered as part of a sequence of events that resulted in her former husband, Richard S. Diffin Jr., gaining primary physical custody of their son, an Appellate Division, Third Department, panel concluded in January. 'The fact remains that the mother was deployed and, while we do not hold that her deployment in and of itself constitutes a significant change in circumstances, we must consider the consequences of her extended absence in determining whether such a change exists,' Presiding Justice Anthony V. Cardona wrote for the unanimous court in Diffin v. Towne, 502429.
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