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WILLIAM H. Y. v. MYRNA L. Y.

450 A.2d 406 (1982)

WILLIAM H. Y., Petitioner Below, Appellant, v. MYRNA L. Y., Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: September 7, 1982.

Attorney(s) appearing for the Case

Joseph W. Benson, Charles Brandt (argued), Brandt & Benson, Wilmington, for petitioner below, appellant.

Bertran S. Halberstadt, Lindh & Halberstadt, Wilmington, for respondent below, appellee.

Before HERRMANN, Chief Justice, QUILLEN and MOORE, JJ.

MOORE, Justice:

In this appeal from an order of the Superior Court of the State of Delaware, affirming the Family Court's denial of a father's petition for custody of his 12 year old son, we confront the efficacy of a post-1971 Superior Court order incorporating custody provisions of a separation agreement into a divorce decree. Relying on 13 Del.C. § 729(b), pertaining to modification of child custody decrees, both...

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