Obey v. Degling

Appellant father appeals from an order of the Appellate Division which affirmed an order of the Family *769Court of Erie County, inter alia, awarding permanent custody of one of the children of the parties to the respondent mother.

When the parties were divorced by judgment of the Supreme Court, Monroe County, entered December 30, 1970, in an action instituted by respondent, the custody of their son and daughter, the infant issue of the marriage, was awarded to the mother, with visitation rights to the father as set forth in a separation agreement executed the previous November. Thereafter the…