Perez v. Hester

MERRILL, Justice.

Appeal from a decree overruling demurrer to a petition of the father for custody of his eleven year old daughter, whose custody had been awarded to the mother in a divorce decree dated November 30, 1959.

Three principles are involved where modification of an original decree involving custody of minor children is sought. First, the controlling consideration is the welfare of the child. Second, in determining which parent is entitled to the custody of minor children, each case must stand on its own particular facts. Third, the party seeking a modification must allege and show…