Del Pozzo v. Del Pozzo

A divorce was decreed to the plaintiff and custody of the three minor children of the parties, two girls ages 9 and 7, and a boy age 5, was awarded to the mother by Morris, J. The defendant’s exception to the award of custody is the only issue to be decided on this appeal.

The power to award custody of minor children in a divorce proceeding granted to the trial court by RSA 458:17 rests in the sound discretion of the presiding justice. Clark v. Clark, 96 N.H. 443, 78 A.2d 525 (1951). The paramount and controlling consideration is the overall welfare of the children involved. Lemay v. Lemay,…