Marshall v. Marshall

The opinion of the court was delivered by

Smith, J.:

This is an action for divorce and child custody. Judgment was for the plaintiff. Defendant appeals.

*170The statement of some uncontroverted background will be made at the outset.

Defendant is a citizen of Australia, She and plaintiff were married at Sidney, Australia, during the war. They have one child, Leon Charles Marshall. He was born in Australia. There was an earlier divorce proceeding in the Shawnee county district court in July, 1948. Mrs. Marshall had asked for separate maintenance and Mr. Marshall had asked for a divorce. During the…