Wilkes v. Wilkes

GOODWYN, Justice.

This is an appeal from a decree of the circuit court of Marshall County, in equity, denying the petition of appellant (the mother) to modify a decree of said court awarding to appellee (the father) custody of the parties’ two minor children.

On September 3, 1958, appellant filed a bill for divorce in said court. Attached thereto and made a part thereof was a separation agreement entered into by the parties on August 30, 1958. With respect to custody of the children this agreement provided that appellee should have “the general custody and control of the said children” subject…