DeWaal v. DeWaal

—Order unanimously affirmed without costs. Memorandum: Pursuant to the separation agreement of the parties, which was incorporated but not merged in the judgment of divorce, the parties’ two children resided with defendant and plaintiff had liberal visitation. After both parties remarried and the children were diagnosed with attention deficit disorder, plaintiff sought primary physical custody of the children based upon allegations, inter alia, that defendant was having difficulty in dealing with the children’s condition. Supreme Court ordered that plaintiff have primary physical custody and…