Bernstein

The trial court, upon application of defendant, modified the interlocutory and final decrees of divorce with respect to partial custody of the minor.

On June 4, 1944, the child was born to the parties, who were then husband and wife. On October 10, 1944, an interlocutory decree of divorce was granted plaintiff upon the ground of extreme cruelty. The final decree was entered October 11, 1945. Both decrees followed the property settlement agreement executed by the parties in awarding the care, custody and control of the child to the plaintiff — “provided, however, that defendant shall have the right to visit said minor child at any and all reasonable times” (interlocutory decree); and “with the privilege granted to defendant to visit said minor child at all reasonable times and places” (final decree).

The agreement and both decrees provided that defendant should pay plaintiff for the support and maintenance of the child the sum of $50 per month. On November 23, 1945, plaintiff filed a petition asking that the decrees be .modified to increase the support and maintenance to $200 per month. On December 10, 1945, in open court, the parties stipulated that the allowance be increased to…