Roberts v. Roberts

Opinion of the Court by

Judge Cammack

Reversing.

Johnnie Roberts, a member of the armed forces, instituted this action for a divorce from Virginia Mae Roberts, and to obtain custody of their three year old daughter. Both parties were residents of Perry County, Kentucky. The chancellor properly granted Roberts a divorce, but refused to pass upon the question of the custody of the child, because Mrs. Roberts had gone to Ohio after the issues had been joined, proof had been taken and the cause submitted for final determination by agreement of the parties. Presumably, Mrs. Roberts took her daughter…