Averch v. Averch

This controversy involves the custody of a minor child, now seven years old. Plaintiff in error, to whom reference is hereinafter made as plaintiff, brought an action in divorce against defendant in error, hereinafter designated as defendant, which, on February 9, 1935, culminated in a final decree in favor of plaintiff on the ground of cruelty. In the interlocutory and final decrees it was provided that custody of the minor child, Estelle, who was at that time three years of age, should be in the plaintiff during forty-two weeks of the year, she being granted the privilege also of taking the…