Gillis v. Gillis

The issue in this divorce case is whether the burden imposed in Forde v. Sommers, 117 N.H. 356, 373 A.2d 358 (1977), on a parent seeking to modify a custody decree applies when there is a prior agreement of the parties regarding custody but no prior decree of custody.

The parties married in 1972. Their only child, a son, was born on June 30, 1974. In April 1975, the parties separated, and the plaintiff entered the United States Air Force. In July 1975 and in May 1976, defendant admitted herself to various hospitals. Plaintiff obtained physical custody of the child in May 1976; the boy remained…