Bogardus
Bogardus v. Bogardus
Opinion
Lead Opinion
Plummer, J.
This cause is before us upon an appeal by the plaintiff from certain orders of the court relative to the custody of Russell Bogardus, Jr., the issue of the marriage between plaintiff and defendant. The record shows, that at the time of the beginning of the action above named, in 1924, Russell Bogardus, Jr., was of the age of twenty-one months. The action above named was for a decree of divorce, adjustment of community property rights and the awarding of the custody of the minor child above named. In April, 1925, an interlocutory decree of divorce was entered in said cause and the custody of said minor child awarded to the plaintiff. Thereafter, and on the twenty-fourth day of May, 1926, a final decree of divorce was entered in said cause. The final decree of divorce likewise awarded the custody of said minor child to the plaintiff, making no mention whatever as to the right or privilege of the defendant to see or visit said minor child. In May, 1927, the defendant herein filed a notice of motion and affidavit in the said cause praying that the decree of divorce heretofore referred to be amended so as to permit the defendant to visit said minor at certain specified times. This…