Birnbaum v. Birnbaum

In a previous divorce action, the husband was awarded custody of the minor daughter of the parties, then nearly three years old. About a year after the original divorce, a petition to modify that decree was heard. The purpose of the petition was to transfer custody of the little girl to the wife, her mother. After hearing, findings of fact were prepared and an order issued denying the petition. This is the appeal.

The original findings and order reported that the wife, at the time of the divorce, and for some time previous, had taken up with another man and was living with him. In its order,…