MATTER OF TANGEN


277 A.D. 827 (1950)

In the Matter of Audrey Tangen, Appellant. Henry Tangen et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 12, 1950.


The record shows merely that the wife left the husband and took the children with her. It is undisputed that she gives the children good care under proper environment, and the finding of neglect is wholly without factual support. Her application for public assistance for herself and her children is certainly no proof of neglect. It suggests both interest and care. The Children's Court therefore was without power to interfere with the mother's custody of her own children....

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