SMITH v. SMITH


283 A.D. 762 (1954)

Harold Smith, Respondent, v. Mary Smith, Appellant

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

February 26, 1954.


Until there has been an opportunity for full and plenary inquiry into the arrangements for custody and education best designed to promote the welfare of the children of the parties, we think it is preferable to leave the children with their mother who has had them since last summer and in the school which they started in September, 1953. The drastic change in custody effected by the order at Special Term ought not be undertaken on the basis of the recriminatory and controverted...

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