Barrett v. Barrett

Hall, Justice.

More than 45 days after the father’s filing and service upon her of a "complaint in equity” seeking a change of custody to him of the couple’s then 18-year-old daughter, the mother filed an answer and counterclaim in which she sought to recover delinquent alimony and *841child support payments plus interest and attorney fees. The father then moved to strike her answer and counterclaim "and for Default Judgment.” The superior court ruled that since the child had attained her legal majority at the time the complaint was filed, the father was not entitled to the award of her custody.…