Wellnitz v. Wellnitz

This appeal presents an issue as to the sufficiency of the record below to warrant a modification of the provisions of a decree of divorce dealing with the custody of a child.

On the 9th day of January 1945 the trial court entered its findings, conclusions of law, and judgment in the above entitled action for divorce. Although it found the defendant had not committed the acts alleged by plaintiff as a ground for divorce, its seventh finding reads in part as follows: “The Court having further considered the matter of permanent allowance and custody of the child, Betty Wellnitz, finds that…