Tarling

This is an appeal from a judgment with reference to the custody of a child.

The parties hereto were married in Las Vegas, Nevada, on November 16, 1947. One child, David, was born as the issue of the marriage. At the time of the divorce action the boy was about 4years of age. The plaintiff, hereinafter referred to as the mother, was granted an interlocutory decree of divorce on November 1, 1954, and was awarded the custody of the child. The defendant, hereinafter referred to as the father, was ordered to pay $15 per week for the support and maintenance of the child and granted the right of reasonable visitations. There is no copy of the final judgment in the record before this court, but presumably it contained substantially the same provisions as the interlocutory judgment contained with reference to the custody, support and maintenance of the minor child.

On May 7, 1957, it was stipulated between the parties that the order of November 1, 1954, be modified in one respect to the end that the father could have the child during the summer school vacations. In August 1957 the father sought the full custody of the child and on September 4, 1957, pursuant to stipulation, the judge…