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MATTER OF EUGENE P. v. MICHELLE K.P.

1587.

140 A.D.3d 624 (2016)

33 N.Y.S.3d 704

2016 NY Slip Op 05081

In the Matter of JOHNNY EUGENE P., III, Appellant, v. MICHELLE K.P., Respondent.

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

Decided June 28, 2016.

Although petitioner established a change in circumstances that would support a modification in custody by demonstrating that he was employed and had an apartment, he failed to establish that joint physical custody would be in the children's best interests (see Matter of Sergei P. v Sofia M., 44 A.D.3d 490 [1st Dept 2007]). The children have resided primarily with respondent their entire lives; she cared for and provided for them...

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