Smilgus v. Smilgus

Defendant appeals from an order setting aside a previous order amending a decree of divorce. The amendment pertained only to the custody of Ellen K. Smilgus, a daughter of the parties. Both parties have been residents of Grand Rapids for several years.

The decree of divorce, April 13, 1945, awarded plaintiff custody of the daughter, who was born October 13, 1942, said custody to continue until the daughter shall attain the age of 17 years or until the further order of the court. Plaintiff, after the decree of divorce, married Bernard Heslinga. Plaintiff had the custody of the child in question…