Fontaine v. Smielak

— In a custody proceeding between the natural parents of a five-year-old child born out of wedlock, the mother appeals from an order of the Family Court, Rockland County (Stanger, J.), dated July 1, 1982, which awarded custody of the parties’ infant child to the petitioner husband. Order reversed, on the law and the facts, without costs or disbursements, custody of the infant child is awarded to the mother, and the matter is remitted to the Family Court, Rockland County, for the purpose of entering an order fixing appropriate visitation for the father. The Family Court held that the mother…