Sanchez

Sanchez v. Sanchez

Bad Law
10 Cal. Rptr. 261·1961 Cal. LEXIS 192·55 Cal. 2d 118·358 P.2d 533
Supreme Court of CaliforniaJanuary 6, 1961S. F. No. 20345California2,764 words

Opinion

lead Opinion

Schauer, J.

— In this proceeding involving the custody of two minor children plaintiff appeals from that portion of an order which modifies the final decree of divorce between the parties by transferring custody of the two children, Margaret and Joseph, from plaintiff to defendant. The order also transferred custody of their third minor child, Arthur, Jr., also called Raymond, from defendant to plaintiff; neither party appeals from this latter portion of the order. We have concluded that the evidence supports the court’s order, that plaintiff’s claims of error are without merit, and that the order should be affirmed.

After some 14 years of marriage plaintiff was granted an interlocutory decree of divorce from defendant in April 1956. Pursuant to a stipulation and property settlement agreement of the parties, the decree originally awarded the custody of Raymond, then 12 years of age, to defendant, and the custody of Margaret and of Joseph, then aged 8 and 4 years, respectively, to plaintiff. These custody orders were carried into the final decree in April 1957. Except for brief visits and vacations when Margaret and Joseph visited defendant, they both resided with plaintiff until about April…

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