Fuchs v. Fuchs

64 N.Y.S.2d 487 (1946)

Facts

W (D) and H (P) entered into an agreement by which the custody of their child was to remain with W and that if H agreed to that term, W would not contest a present divorce action. The agreement was made, and W advised her attorney not to contest the divorce action. The divorce was granted, and H remarried, but then W petitioned to reopen the case.