Toth v. Toth

OPINION

By the Court,

Badt, C. J.:

The sole question presented by these cross-appeals is whether the court below was guilty of an abuse of discretion in modifying its former decree which awarded the custody of three minor children to the mother. We have concluded that there was no abuse of discretion. The parties will be referred to by their names.

On May 22, 1961, Jane obtained a default decree of divorce from Francis, in which decree she was awarded full custody of the three minor children, then of the respective ages of 7 years, 5 years, and 2 months. On April 25, 1963, the court, upon motion…