Salta v. Salta
Supreme Court of New Hampshire
Petition, by Gladys M. Salta of Lawrence, Massachusetts, against James N. Salta of Laconia. The plaintiff alleges that she was formerly the wife of the defendant James; that he obtained a divorce from her at Laconia in October, 1919; that the petitioner has one child by the said James, born May 9, 1916; that no decree as to custody was made at the time of the divorce, but custody of said child was committed to the petitioner by a decree of the probate court for Essex county,…
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Petition, by Gladys M. Salta of Lawrence, Massachusetts, against James N. Salta of Laconia. The plaintiff alleges that she was formerly the wife of the defendant James; that he obtained a divorce from her at Laconia in October, 1919; that the petitioner has one child by the said James, born May 9, 1916; that no decree as to custody was made at the time of the divorce, but custody of said child was committed to the petitioner by a decree of the probate court for Essex county, Massachusetts, June 21, 1917, after due notice to the defendant and a hearing at which he appeared. The prayer of the…
1Opinion of the CourtParsons, C. J.
Whether the decree of the probate court of Massachusetts as to custody is or not superseded by the decree in a foreign divorce proceeding, the order which has been made awarding the custody of the child to the mother does not conflict with it.
The legal liability of a father for the support of his minor child is entirely dependent upon the statute. State v. Byron, 79 N. H. 39, 40; Plymouth v. Haverhill, 69 N. H. 400; Kelley v. Davis, 49 N. H. 187. Also the power of the court in divorce proceedings as to alimony, custody and support of children is wholly statutory. But there is full power at…
2Cases cited5 opinions
- Wallace v. WallaceSupreme Court of New Hampshire · 1907
- State v. ByronSupreme Court of New Hampshire · 1918
- Cross v. CrossSupreme Court of New Hampshire · 1885
- Bickford v. BickfordSupreme Court of New Hampshire · 1908
- Plymouth v. HaverhillSupreme Court of New Hampshire · 1898
3Cited by3 opinions
- Roberts v. WardSupreme Court of New Hampshire · 1985
- Labrie v. LabrieSupreme Court of New Hampshire · 1973
- Hartnett v. HartnettSupreme Court of New Hampshire · 1945