Smith v. Smith

A Florida divorce decree obtained in 1956 by Nancy Smith, the defendant in the present case, gave her custody of the parties’ two year old son. The court retained jurisdiction to enter further orders pertaining to the child’s support and custody.

In September 1960 the father filed a complaint in Cook County, where the parties were residing, alleging that he was ready and able to provide for his son and that he had been refused the right of visitation. He asked the court to fix reasonable times and places for such visits.

The defendant, who had remarried in 1959, answered that the plaintiff had…