O'Brien

This is an appeal by plaintiff Keith O’Brien from an order awarding custody of his minor child, Tanya, to her maternal grandparents pending further order of the court.

On June 27, 1966, plaintiff filed a complaint for divorce on the grounds of adultery and extreme cruelty. Plaintiff sought custody of the parties’ minor child, Tanya, then four years of age, and alleged that defendant Lucretia O’Brien was not a fit and proper person to be given custody of said child.

Defendant answered, denying the material allegations of the complaint, and also cross-complained, seeking a divorce on the ground of extreme cruelty, and custody of Tanya.

Defendant and cross-complainant thereafter obtained an order directing plaintiff and cross-defendant to appear and show cause why, among other things, orders should not be made for Tanya’s custody during the pendency of the action.

On July 28, 1966, after an extended hearing, the court found that neither parent was a fit and proper person to have custody of Tanya and that the child’s maternal grandparents, Mr. and Mrs. William Morgan, were in all respects fit and proper persons, whose home was a fit and proper environment for the raising and…