Ness v. Ness

BERRY, Justice.

The parties hereto were granted a divorce on the ground of mutual incompatibility. The decree, entered on June 5, 1957, recites that while both are fit parents, “it is at the present time to the best interest of the children” that their custody be confided to the father. Under the terms of the decree, the mother was to have the children on Wednesday and Saturday nights and on Sunday until 6:00 p. m. She was further granted the right to visit them “at all reasonable places, times and intervals.”

On January 7, 1958, the mother applied for an order modifying the provisions of the…