Stonebrink v. Stonebrink

These two appeals challenge separate awards of custody of three minor children to the defendant mother.

In April 1968, plaintiff father filed suit for divorce. In his duly verified complaint he alleged that the mother was a fit and proper person to be awarded the custody of the children. His prayer specifically sought the award of custody to her. The case was tried as a default matter.

At the trial, plaintiff testified:

“Q Where are the children now?

“A They’re with their mother.

“Q And it’s satisfactory with you? She’s a proper and fit person to care for the children?

“A Right.

“Q Subject to…