Robertson

Robertson v. Robertson

Good Law
1945 Cal. App. LEXIS 988·72 Cal. App. 2d 129·164 P.2d 52
Court of Appeal of CaliforniaDecember 7, 1945Civ. 7159California2,998 words

Opinion

Opinion

Peek, J.

Under an interlocutory decree entered in June, 1943, appellant was awarded the custody and care of the three-year-old son of the parties, provided, however, that the father, respondent herein, should have the custody during the months of April, July and November of each year, until further order of the court. In September, 1943, respondent was inducted into the navy, and, on the date of the modification order herein attacked, was still in the service. In June, 1944, the final decree of divorce was entered. Appellant has since remarried, retaining the care and custody of said child. From the date of the original decree until respondent’s induction into the navy he had been living continuously with his parents. After said induction appellant refused his request that she give the custody of the child to the paternal grandparents during the times the court had directed that he should have the child. However, she did leave the child with them on many occasions, usually for short, irregular periods of a day or two. On one occasion the boy was with them for more than two weeks. In August, 1944, respondent filed a motion for an order authorizing him to place the immediate care of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.