Ewing

Plaintiff has appealed from an order of court in divorce proceedings taking from her the custody of her four year old daughter and giving it to the defendant, her husband.

[1] Plaintiff was granted an interlocutory decree of divorce upon default of the defendant, and the order giving her the custody of the child was made in such interlocutory decree. Subsequently, on application by the defendant, and upon a hearing of the matter in which the claims of the respective parties were supported by numerous affidavits, the trial court changed the original order as above indicated by transferring the custody from the mother to the father. The only question raised is as to the sufficiency of the evidence to justify the order appealed from.

The facts shown on the hearing without dispute indicate that the plaintiff and her little girl, prior to and after the interlocutory decree of divorce, lived with plaintiff’s parents, who had chiefly supported and cared for the child. The evidence also tended to show that subsequent to the interlocutory decree, and before the hearing, the plaintiff had spent the night in a hotel in Pasadena with a man not her husband, and that the couple had registered…