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MATTER OF MITCHELL v. MITCHELL

67 A.D.2d 924 (1979)

In the Matter of Shirley A. J. Mitchell, Appellant, v. James Mitchell, Respondent

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

February 5, 1979

Order reversed, with costs, and proceeding remanded to the Family Court for a hearing to determine custody, visitation rights, and support.

The parties came before the Family Court having reached a tentative agreement on all matters concerning the breakup of their marriage except the details of visitation. Their child, then three years of age, had been in her mother's physical custody since the breakup four months earlier. The court raised the issue of custody,

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