Murchinson v. Koon

GULOTTA, Judge.

This is an appeal by plaintiff wife from that part of a judgment awarding alimony pendente lite in the sum of $40.00 per month for the support of herself and a minor child five years of age. The judgment further awarded the temporary care, custody, and control of the child to the plaintiff.

In answer to the appeal, defendant seeks custody. He concedes that there was no proof of adultery. However, he contends that fitness is determinable on grounds other than sexual improprieties. He argues that plaintiff’s lack of concern for the welfare of the child and her life style is not…