Olson v. Olson

This is a child custody case.

The parties to this proceeding were divorced on September 28, 1977 by the Circuit Court of Morgan County for incompatibility of temperament. Custody of two minor female children was awarded to the father, with reasonable visitation rights in the mother. On October 14, 1977 plaintiff-mother filed a motion seeking to "alter, amend or vacate the judgment" of divorce and asking for custody of the two minors. Defendant answered by suggesting that the motion had remained pending for more than ninety days and should be deemed denied by operation of Rule 59.1, ARCP.…