Nye v. Nye

This is a child custody proceeding. The parties were married in 1938 and divorced upon plaintiff’s suit December 21,1948. Under an agreement of the parties, incorporated in the decree, plaintiff had custody during the first year of their only child Diane, called Penny. During the early morning hours of February 25, 1949, the defendant carried the child away from plaintiff’s custody without permission. She petitioned the court for an order restoring to her the custody of Penny and for other relief. Issues were made on this petition and defendant’s cross-petition for permanent custody which…