Gelmi v. Gelmi

QUINN, Associate Judge.

The parties, husband and wife, became estranged in the fall of 1957. Some six months after their separation they executed an agreement purporting to settle their various marital rights. Of the twelve provisions, four related to the custody and maintenance of the parties’ infant daughter, then almost three years old. Paragraph 3 of the agreement committed “legal custody” of the child to appellant; paragraph 4 divided “physical custody” between the parties, eight months with appellant and the balance with appellee; and paragraph 5, the center of the present controversy,…