Wallace v. Wallace

This appeal challenges on several grounds an order modifying the child custody provisions of a divorce decree entered a number of years ago.

A decree of divorce was entered October 4, 1962 dissolving the marriage of the plaintiff wife and the defendant husband. The decree granted custody of the minor child of the marriage, Claudia, to her maternal aunt and uncle, Betty and David Tait. Subsequently the wife, the husband, the Taits and the minor child all moved to California.

On June 28, 1967 the husband filed a petition with the circuit court which had entered the divorce decree asking that the…