Smith v. Smith

STRUCKMEYER, Chief Justice.

This is an appeal from an order of the superior court changing the custody of a minor child based on these significant facts. On September 13th, 1957, appellant, Betty Jean Smith, was granted a divorce from appellee, John Paul Smith and given the care, custody and control of their child, Mark, with reasonable visitorial rights in appellee. The same year the minor child being then six years old was enrolled in the first grade in the public schools in Phoenix. On August 4th, 1958, appellee petitioned the superior court for a change of custody alleging inter alia that…