Stallings v. Bass

Jenkins, Chief Justice.

The controlling question, if answered in the negative, is whether the trial court had jurisdiction to entertain the petition of the father to modify the original divorce decree insofar as it affected the rights of the non-resident mother with respect to the custody of the child, which had been awarded to her. If the court still had continuing jurisdiction over the non-resident mother as relates to the custody and control of the child awarded to her, there would appear to be no impediment in exercising jurisdiction over the parents, since both parents voluntarily…