LAVELLE v. LAVELLE


281 A.D. 988 (1953)

Theresa B. Lavelle, Appellant, v. John A. Lavelle, Respondent

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

April 20, 1953.


Judgment, insofar as appealed from, modified on the law and the facts by striking therefrom the last ordering paragraph, and matter remitted to Special Term for a hearing as to whether defendant is a fit person to have exclusive custody, although temporary, of the children, and for the making of a new provision with respect to visitation and temporary custody. As so modified, the judgment is unanimously affirmed, with costs to appellant.

The subject of the fitness...

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