PHELPS v. PHELPS


4 A.D.2d 801 (1957)

Paul E. Phelps, Appellant, v. Ruth E. Phelps, Respondent

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

July 23, 1957


The order changes temporarily and until further hearing is had in October the custody provisions of a decree of divorce. A sufficient showing of a change in the capacity and disposition of the mother to care for the children has been made to justify re-examining the merits of the question of custody. The decree expressly provided for such re-examination. The plaintiff is in the military service and not able himself to care for the children but delegated this to his sister...

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