Clayton v. Clayton

On May 31, 1949, plaintiff secured an interlocutory decree of divorce from defendant by default. The final decree was entered on December 17, 1950. Both decrees granted the care, custody and control of two minor children, then aged 3 and 4 years respectively, to plaintiff.

Plaintiff’s original complaint alleged that plaintiff was a fit and proper person to have the custody of the children (no mention is made of the unfitness of defendant); that plaintiff and defendant agreed (subject to the approval of the court) that plaintiff would retain custody of the children for six months “for the…