BELLINGER v. BELLINGER

Order unanimously modified, on the law, by deleting the provision granting temporary custody to petitioner and, as modified, affirmed, with costs. Memorandum: Family Court, based solely upon the oral arguments of counsel, improperly modified a judgment of divorce by temporarily changing custody of the infant child from the mother to the father. A court should not determine the custody of children on the basis of recriminating and controverted allegations, but only after an evidentiary hearing ( see, Obey v. Degling, 37 N.Y.2d 768; Bowman v. Bowman, 19 A.D.2d 857).