Legal Opinion

Friederwitzer v. Friederwitzer

New York Court of Appeals

Decided February 16, 1982PublishedCited by 824 opinions

1Opinion of the Court

OPINION OF THE COURT

Meyer, J.

Extraordinary circumstances are not a sine qua non of a change in parental custody of a child, whether the original award of custody is made after plenary trial or by adoption of the agreement of the parties, without contest, and without merging the agreement in the judgment. The more particularly is this so with respect to a judgment governed as is the judgment in this case by rule 699.9 of the Appellate Division, Second Department (22 NYCRR 699.9), pursuant to which the trial court expressly “retains jurisdiction *** for the purpose” to the extent permitted by…

2Cases cited8 opinions

  1. Goldman v. GoldmanNew York Court of Appeals · 1940
  2. Nehra v. UhlarNew York Court of Appeals · 1977
  3. Bachman v. MejiasNew York Court of Appeals · 1956
  4. Kunker v. KunkerAppellate Division of the Supreme Court of the State of New York · 1930
  5. Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1980

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3Cited by824 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Louise E. S. v. W. Stephen S.New York Court of Appeals · 1985
  3. Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1992
  4. Wilson v. McGlincheyNew York Court of Appeals · 2004
  5. Young v. YoungAppellate Division of the Supreme Court of the State of New York · 1995

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