Lopes v. Lopes

OPINION OF THE COURT

Bernard E. Stanger, J.

This court has before it, pending and unresolved, proceedings in which cross petitions have been filed seeking the custody of the child of the marriage of the parties. The parties are still married despite the fact that a separation agreement was entered into between them in the fall of 1984, which agreement suggests that a so-called "no fault” divorce, pursu-

*864ant to Domestic Relations Law § 170 (6) was in contemplation. The agreement covered custody, visitation and child support, but the present proceeding before us primarily is addressed to custody…