Peterson v. Peterson

The defendant herein appeals from an order granting plaintiff’s application for a modification of an interlocutory decree of divorce with respect to the minor daughter of the parties.

The original order, pursuant to an agreement between the parties, awarded the care and custody of the child to the defendant for a period of three years, and upon the expiration of such period divided the custody equally between the parties.

Plaintiff’s affidavit in support of her motion alleged that there was no hearing on the issue of custody nor was any evidence introduced by either party—the previously…