Opinion
April 26, 1971
Judgment of the Supreme Court, Kings County, dated January 12, 1971, insofar as appealed from, modified on the law and facts and in the exercise of discretion, by striking therefrom the second and fifth decretal provisions thereof and by remitting to Special Term for referral of the issues of permanent custody, visitation and support of the parties' three children to the Family Court, Kings County, for investigation, hearing and determination. As so modified, the judgment, insofar as appealed from, is affirmed, without costs. In view of the foregoing determination, the appeal from the order of the Supreme Court, Kings County, dated January 4, 1971, is dismissed as moot, without costs. With respect to the issues of child custody and support, it is our view that the record does not present an adequate basis for a determination. Such issues may be resolved after a full investigation and hearing in the Family Court where, with the facilities there available, the best interests of the children may be thoroughly explored ( Lockwood v. Jagiello, 24 A.D.2d 544). Rabin, P.J., Munder, Latham, Christ and Brennan, JJ., concur.