Baldwin

On December 10, 1925, an interlocutory decree of divorce was granted appellant against respondent and she was awarded the custody of their two minor children, Robert and Owen Baldwin, the respondent being required to pay appellant $17.50 per iveek for their support. This divorce was made final on December 18, 1926, and in November, 1927, appellant married one Sidney Garcia. Thereafter, in January, 1928, respondent filed a motion to modify said decree by reducing said allowance for the support of said minors to $10 per week and also a motion to modify said decree by changing the order therein awarding the custody of said minors to appellant and substituting therefor an order awarding their custody to respondent. On the twenty-sixth day of January, 1928, by stipulation of the parties made in open court, Mary A. Maxwell was appointed referee to take testimony regarding the custody of said minors with direction to submit findings of fact and recommendation to the court concerning the custody of said minors.

On February 23, 1928, the said referee filed her report and stated therein that since the marriage of appellant to Garcia in 1927, conditions surrounding the minors had materially…