Nemeth v. Nemeth

VAN der VOORT, Judge:

This case has had a long, and to some extent, confusing passage through the Butler County Court of Common Pleas. The controversy arose from conflicting claims, by now di vorced parents, over the custody of their two children, now aged 4 and 6, (ages 3 and 5 at the time of the order here appealed from).

On November 5, 1979, the parties executed a “Property Settlement, Support and Custody Agreement” in which they agreed to live, separate and apart, to divide their household effects and real property. Custody of the children was placed by implication in the mother, with…