Butler v. Butler

1. The power of the court to grant the custody of children of divorced parents to a third person is well settled (White v. White, 77 N. H. 26, 30; 1 Schouler, Mar. Div. Sep. & Dom. Rel. (6th ed.), s. 743), and appears to be conceded. The libelee’s complaint is of the non-residence of the custodian. The libelee, in argument, invites attention to the statutory source of the court’s power as to the custody of children in divorce cases (Salta v. Salta, 80 N. H. 218, 219), and relies upon the absence of an express provision authorizing a decree which involves sending the children into another…