Goertzen v. Goertzen

The plaintiff, Peter Goertzen, appeals from an order awarding to the defendant, Evelyn Mae Ruth Powell, former wife of plaintiff, the care, custody and control of their six-year-old child, Anita Louise Goertzen.

In 1939, the plaintiff filed a divorce suit against the defendant. The defendant did not appear to contest the case, and the court granted plaintiff a divorce and awarded him the custody of the child, subject to the right of the defendant to have the child with her in her home for one day out of each week, except Sunday. The child was placed by the plaintiff in the home of his mother…