This section contains the nature of the case and procedural background.

Andrea is the biological child of the mother and father; the mother also has a daughter, Karin, by a prior marriage. M and F have a tumultuous relationship marked by numerous episodes of heated arguments, physical violence, police intervention, and Family Court orders of protection. F is a batterer whose temper gets the better of him. When it comes to Andrea, F is the favored parent; he has never directly mistreated Andrea. Andrea expressed a preference for living with F. The court granted it and M appealed.

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