Jayroe v. Jayroe

This is an appeal from a decree of the circuit court of Macon County modifying the custody provisions of a decree of divorce.

The record discloses that the parties were married in May of 1956; they lived together as husband and wife until 1961, at which time the defendant left the plaintiff and moved to Topeka, Kansas. Three daughters born of the marriage, then aged four, three and two years, were taken to Topeka by the defendant.

In September of 1962 the plaintiff obtained a divorce from the defendant on the grounds of desertion, and the decree provided that the defendant should have custody…