Martin v. Ross

Shaw, Judge:

This appeal is from a family court order providing visitation privileges for respondent Barney Kary Martin, Jr., and denying appellant Mary Jean Martin Ross’s counterclaim for terminating his parental rights. We affirm in part and remand.

The parties were divorced October 6,1981, and a Property Settlement Agreement was “incorporated, but not merged” into the order. The agreement provided: “in event that either party shall fail to abide by the terms hereof, the other shall have ... the right to sue for breach of contract.”

I

Mr. Martin brought this action August 4, 1982, to establish…