Smith v. Smith

Moss, Chief Justice:

Clyde Daniel Smith, the respondent herein, and Kathy Sue Smith, the appellant herein, were married on February 18, 1959. Three children were born of this marriage, and at the time of the hearing their ages ranged from thirteen years to nine years.

The record shows that on March 27, 1972, the respondent petitioned the court for the right to live separate and apart from the appellant and for custody of the children. This action resulted in an order of the court granting the relief sought but giving legal custody of the children to the appellant and directing the respondent to…