BELLINGER v. BELLINGER


109 A.D.2d 1104 (1985)

Richard L. Bellinger, Respondent, v. Dara L. Bellinger, Appellant

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

March 1, 1985


Order unanimously modified, on the law, by deleting the provision granting temporary custody to petitioner and, as modified, affirmed, with costs.

Memorandum:

Family Court, based solely upon the oral arguments of counsel, improperly modified a judgment of divorce by temporarily changing custody of the infant child from the mother to the father. A court should not determine the custody of children on the basis of recriminating and controverted allegations,...

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