THIELE v. THIELE


277 A.D. 1025 (1950)

Karen E. Thiele, Respondent-Appellant, v. Roger H. Thiele, Appellant-Respondent

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

November 14, 1950.


We agree with the disposition of the learned Justice at Special Term in his findings that neither party established a cause of action by a fair preponderance of credible evidence and that, accordingly, there was no justification for granting a decree of separation to either party. However, with respect to the care and custody of the children, we think that in view of their tender age, it would be to their best interests to have custody awarded to the mother with adequate...

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