MATTER OF HILLIARD v. PERONI


245 A.D.2d 1107 (1997)

666 N.Y.S.2d 92

In the Matter of Earl D. Hilliard, Respondent, v. Barbara M. H. Peroni, Appellant

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

December 31, 1997


Order unanimously affirmed without costs.

Memorandum:

Family Court properly awarded petitioner father sole custody of the parties' two children following a hearing. The court, however, failed to recognize that its order is a modification of a 1994 North Dakota decree of divorce that awarded joint custody to the parties and sole physical custody to petitioner. Thus, the court failed to make the findings necessary to warrant a change in custody. Nonetheless...

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