Stewart v. Stewart

The appellant, Thelma Jean Stewart, appeals from a final order of the Circuit Court of Randolph County which, inter alia, awarded her custody of the parties’ two infant children and denied her request for child support. For the reasons set forth below, we reverse.

Mr. and Mrs. Stewart were originally married on January 14, 1962. The marriage lasted until December 9, 1977 when a final divorce decree was entered. In that decree the court approved a “Property Settlement and Agreement” entered into by the parties which provided that Mrs. Stewart would receive custody of the couple’s three children…