Roche v. Roche

Respondent and appellant are husband and wife, and after living together for eleven years, they separated on March 6, 1943. They have one child, a girl, age eight. On April 9, 1943, plaintiff commenced an action against defendant for divorce on the ground of extreme cruelty, alleging in her complaint that she “is a fit and proper person to have the custody and control” of said child. That allegation was admitted by defendant, but he alleged that the child had been living with his mother for several years, and to remove the child from her present abode would not be beneficial to the child. The…