Digirogio v. Digirogio

ADAMS, J.:

Appellee proceeded by habeas corpus to gain the custody of her minor son, age six.

She predicated her right to custody upon a separation agreement entered into between her and appellant, the father of the child. She also alleged her fitness and the father’s want of fitness to have custody of the child. On this allegation, appellant’s return joined issue. As to the agreement appellant admitted its execution but repudiated it on the basis that after making the agreement he learned of his wife’s infidelity.

These parties were married in the State of California. They had marital…