Merrill S. v. Joel S.

OPINION OF THE COURT

Leon Deutsch, J.

The parties herein were divorced on September 25, 1975, by the issuance of a decree in the Supreme Court, Kings County. That decree awarded custody of the infant issue of the marriage to the respondent, and provided no referral to the Family Court.

Petitioner now moves by way of petition and order to show *93cause pursuant to subdivision (b) of section 651 of the Family Court Act to change and modify that portion of the decree by transferring custody of the child from the respondent to the petitioner.

The respondent moves to dismiss the petition on the ground…