Lefebvre

On May 26, 1916, plaintiff obtained an interlocutory decree "of divorce against the defendant on the ground of cruelty and she was awarded the custody and control of Leon Lefebvre, who is now the age of six, except that the grandparents of said child and the defendant were to have his custody for a certain portion of the time. Thereafter a final decree was rendered and subsequent thereto both appellant and respondent remarried. Appellant is living with her second husband, Gr. F. Schmidt, and respondent is living with his second wife. Appellant has a child by her second husband but respondent has no other than the said Leon.

On the twentieth day of August, 1919, respondent filed a petition in the superior court of Sacramento County praying for a modification of the final decree to the extent that defendant be awarded the custody of said minor child, supported by certain affidavits filed therewith. Subsequently appellant filed counter-affidavits denying most of the allegations set forth in defendant’s affidavits. Thereafter the application came on for hearing and was submitted upon said affidavits and also the testimony of various witnesses. After consideration of said matter, the…