Padgett v. Padgett

SIMPSON, Justice.

The appeal is from a decree overruling demurrer to a petition for custody of an infant.

The petition, held sufficient by the court against demurrer, was by Royce Leonard Padgett against his former wife, Ethel Burnett Padgett, seeking custody of Charles Milford Padgett, their seven-year-old son. The parties are divorced, and in the divorce decree the court awarded custody to the mother during the school months of the year and to the father for the remainder of the time.

The pleading now under consideration, filed less than a month after the-rendition of the original decree, is a…