Gavel

In 1928 the plaintiff and respondent secured an interlocutory decree of divorce from defendant and appellant whereby the custody of their minor son was awarded to plaintiff, and defendant was required to pay plaintiff $40 per month for the child’s support. In 1929 a final decree of divorce was made and entered containing the same provisions. In 1931 appellant filed a verified petition asking the court to modify the divorce decree so as to award him the custody of his son during the period of school terms and to decrease the amount of the award to respondent for his support. An order to show cause was issued and after a hearing was dismissed. From the order dismissing the order to show cause this appeal is taken.

That the trial court has a very wide discretion in the matter of awarding the custody of children has been so often held that it will suffice on the point to cite only one recent opinion of the Supreme Court. (Taber v. Taber, 209 Cal. 755 [ 290 Pac. 36 ].) It should also be borne in mind that upon a proceeding to modify a provision for the custody of a child, the burden is on the moving party to .satisfy the court that conditions have so changed as to justify the…