Acosta v. Acosta

PRICE, Judge.

Kathryn Avery Acosta brought this action against her husband, Daniel Bernardo Acosta, seeking a separation from bed and board and the custody of their ten-month-old child, Daniel Bernardo Acosta, II. This appeal by plaintiff is from a judgment on trial of a rule rejecting her demands for custody and child support, and awarding the temporary custody to the father.

Plaintiff contends, on this appeal, that the granting of custody to the father is contrary to the so called “maternal preference rule” expressed in C.C. Article 146 and the decisions of the Supreme Court interpreting this…