WALKER v. WALKER


282 A.D. 671 (1953)

Dorothy W. Walker, Respondent, v. William J. Walker, Appellant

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

June 19, 1953.


Per Curiam.

On this record we find that plaintiff was as much a contributing cause to the actual separation as defendant; and accordingly should not have received a decree of legal separation in her favor.

However, the plaintiff, mother, is not shown to be unfit to have custody of the child while the parties are actually separated and living apart, and because of the child's present extremely tender age, the child may remain in the mother's custody...

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