Cheeseman

This is an appeal from an order modifying a final decree of divorce so as to deprive the father of the right to visit or associate with his infant daughter on account of his immoral conduct and baneful influence over the child.

In March, 1926, plaintiff was granted a final decree of divorce from the defendant on the ground of wilful desertion, and she was awarded the custody of their only infant child Margaret, subject to the usual order permitting the father to visit the child at any and all reasonable times and places and to take her out with him twice a week between the hours of 3 and 7 o’clock P. M. On May 4, 1927, an order to show cause was issued, to determine why said decree should not be modified so as to absolutely prohibit the father from “seeing, visiting or communicating” with his daughter, on account of his licentious conduct toward the child. This citation was heard upon affidavits and oral testimony adduced. The application was bitterly contested. The transcript of testimony consists of 250 pages. After a careful examination of the child, Margaret, who was six and one-half years of age, as to her qualifications for mental understanding and intelligence, by…