Barber v. Lay

This is a child custody case.

The parties were divorced in 1973. There was one child born of the marriage, a boy now nine years of age. Custody was originally given to the mother. In 1977, the mother remarried and obtained a modification of the decree of custody allowing her to move the child to South Carolina. In response to his cross-petition for primary custody, the father was given custody during the summer.

In July 1978, the mother and her husband were moving to Chicago. The father, having married again, filed a petition for primary custody. Modification was entered after hearing,…