Hamilton v. Hamilton

SCHOTTKY, J. pro tem.

This is an appeal from an order modifying an interlocutory decree of divorce by changing the custody of a minor daughter, Michelle, 9 years old, from the mother to the father.

Appellant mother was awarded an interlocutory from respondent father in 1943, which decree approved and made a part of the decree the property settlement previously reached between the parties. The court made no finding as to the fitness of either parent to have the custody of the child, then 2% years old, and did not, in the decree proper, make an award of the custody of the child. The property…