Costello v. Costello

This is an action for the modification of a divorce decree, instituted by Maurice Costello, defendant-appellee. The action seeks a change in the care and custody of the minor child of the parties, hereinafter referred to as Morgin. The trial court modified the decree changing the custody, and plaintiff-appellant perfected an appeal to this court.

The parties were divorced on July 19, 1963. Appellant was granted the custody of Morgin. In 1966, the decree was modified by agreement to permit the appellant to move Morgin to Colorado. On November 23, 1968, appellee, with whom Morgin was visiting,…