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Bellinger v. Bellinger

109 A.D.2d 1104, 487 N.Y.S.2d 232, 1985 N.Y. App. Div. LEXIS 47610
Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1985·Published·Cited by 7 cases

Opinion

— Order unanimously modified, on the law, by deleting the provision granting temporary custody to petitioner and, as modified, affirmed, with costs. Memorandum: Family Court, based solely upon the oral arguments of counsel, improperly modified a judgment of divorce by temporarily changing custody of the infant child from the mother to the father. A court should not determine the custody of children on the basis of recriminating and controverted allegations, but only after an evidentiary hearing (see, Obey v Degling, 37 NY2d 768; Bowman v Bowman, 19 AD2d 857). (Appeal from order of Erie County Family Court, Mazur, J. — modify custody.) Present — Dillon, P. J., Doerr, Denman, Boomer and O’Donnell, JJ.

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Bellinger v. Bellinger, 109 A.D.2d 1104, 487 N.Y.S.2d 232, 1985 N.Y. App. Div. LEXIS 47610 (N.Y. Ct. App. 1985).

109 A.D.2d 1104 (Bellinger v. Bellinger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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