Tuxford v. Tuxford

The first count is an action for divorce, claiming custody and support of the children and alimony. In the second count of an amendment to the complaint, the plaintiff endeavors to set up a separate action for custody of the children. It is a well-established general rule that the Superior Court has jurisdiction to award custody of children only as an incident to divorce or in a habeas corpus proceeding. White v. White, 138 Conn. 1, 9; Dunham v. Dunham, 97 Conn. 440, 443; LaBella v. LaBella, 134 Conn. 312, 316. The reason for this rule apparently is that the Probate Court, except in these two…