Miracle v. Miracle

BERRY, Justice.

This is the second appeal by the same parties growing out of a divorce proceedings. For our former opinion, see Miracle v. Miracle, Old., 360 P.2d 712.

In that opinion we placed custody of the daughter, Jan, then 7 years of age, in the plaintiff, herein referred to as mother, from September 15 of each year until the following June 15 of the succeeding year. The balance of each year custody was placed in the defendant, herein referred to as father.

Pursuant to the mandate in the first appeal, the mother returned Jan to the father for the summer months of 1962. On July 27, 1962,…