Perry v. Perry

George Rose Smith, Justice.

This suit, originally a divorce case, has narrowed down to a dispute about the custody of the parties’ four-year-old daughter, Amy. In December of 1972 the appellee, the husband, obtained an uncontested decree of divorce upon allegations of desertion and adultery. The chancellor awarded custody of the child to the appellee, finding that he was a proper person to have the care of the child and that the mother was morally unfit for that responsibility.

A few months later the appellant, who had married David Jaworski three weeks after the divorce, sought custody of her…