During the pendency of divorce proceedings between the parties, in the course of which a temporary order granting custody to the respondent-father was issued by Supreme Court, petitioner, the mother, brought on this proceeding in Family Court seeking an award of permanent custody. At the outset, we reject petitioner's contention that New York law creates a presumption in favor of awarding custody of young children to the mother. Section 70 of the Domestic Relations Law makes...
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