Gallagher v. Gallagher

Plaintiff appeals from an order entered February .16, 1942, modifying a decree awarding the custody of a child.

Plaintiff and the defendant were married in June, 1936. As a result of this marriage, a daughter was born on August 11,1938. On February 15,1940, plaintiff obtained a decree of divorce in Malheur county and was awarded the custody of the child. Defendant defaulted and made no appearance but, by the decree, was given the right of reasonable visitation of her daughter.

On February 15, 1942, the defendant mother filed a motion to modify the decree by awarding to her the custody of her…