Githens v. Githens

This action was brought by the mother of two children to obtain their custody from their father. The father contends that he is entitled to retain custody of the children because of a change in conditions affecting their welfare since the rendition of the divorce. After a hearing the trial court awarded custody of the children to their father. The mother appeals to this court. Held:

1. The mother contends that she was entitled to a judgment on the pleadings since she was awarded custody of the children by the divorce decree. There is no merit in this contention since the father’s pleadings…