Order unanimously modified in accordance with the Memorandum herein, and as so modified affirmed, without costs.
Memorandum:
On April 29, 1966 the parties executed a separation agreement which provided, among other things, that the wife have custody of their then three-year-old daughter with rights of visitation to the husband. On February 7, 1967 the husband commenced an action for divorce. The verified complaint did not ask for custody of the child but ...
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