MATTER OF HELLER v. BARTMAN


65 A.D.2d 876 (1978)

In the Matter of Kathleen Heller, Appellant, v. Jacob Bartman, Jr., Respondent

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

November 16, 1978


There is no showing of "unfitness" or that there has been a change of circumstances sufficient to warrant awarding the custody of the children to the petitioner (Family Ct Act, § 652). The court specifically found that under the present custody arrangement there was no adverse effect upon the children. It further appears from the record that the award of custody mentioned above was by order of the court on May 8, 1972, pursuant to a stipulation between the parties hereto...

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