[Download] "Steven Meltzer v. Judith Meltzer" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Steven Meltzer v. Judith Meltzer
- Author : Supreme Court of New York
- Release Date : January 09, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Although a prompt hearing is ordinarily required for the purpose of resolving issues of fact arising in a custody application,
in this divorce action, Special Term, in the exercise of sound discretion, properly awarded temporary custody of the child
to the plaintiff husband. The averments charging the defendant wife with adultery and that she mistreated the child and intended
to remove her to another jurisdiction, remain uncontroverted by any reply affidavits. Furthermore, the defendant is entitled
to apply for a preference for the trial of this action (see Domestic Relations Law, 249) and, as a matter of fact, could
probably have secured a trial by this time. The determination of custody and visitation rights will require the resolution
of many issues necessarily required to be determined on a trial of the action itself and the circumstances do not warrant
a duplication of the work of the court. The defendant's remedy is an early trial. Murphy, J., dissents in the following memorandum: