Summers v. Summers

In a divorce action instituted by appellant on July 28, 1950, she, on September 5, 1951, was granted a divorce from appellee and she was awarded the custody of the then two year old female child of the parties with an order against appellee for the support and maintenance of said child.

On August 5, 1959, appellee filed his petition to modify said decree of September 5, 1951 concerning the custody of said child, then aged nine years. Said petition alleged certain “reasons” to support the conclusion therein that appellant was not a “fit and propel'” person to have the care and custody of said…