Muhler v. Muhler

(Pro Tempore)

Defendant appealed from an order of the circuit court for Multnomah county, dated November 3, 1958, which changed the custody of the minor child of the parties from defendant to plaintiff.

On March 31, 1953, a decree of divorce by default was granted to plaintiff against defendant, but at plaintiff’s request custody of the child, then two years of age, was awarded to defendant. The award of custody was made only after the court had questioned plaintiff closely and explained her rights to her.

The decree of divorce provided in part that:

“* * * the court specifically reserves the…