Smallwood

This is an appeal from an order of the Superior Court of Stanislaus County denying a change of custody of 6-year-old Mark Smallwood from his father, respondent Carol Smallwood, to his mother, appellant Jackie Huntington, formerly Jackie Smallwood.

In the original Smallwood interlocutory decree of divorce filed in Stanislaus County on September 8, 1961, custody of *594 the child was awarded to the appellant mother with a right of reasonable visitation reserved to the father. On June 25, 1962, a hearing was held on respondent’s motion for a modification of custody; in the supporting affidavit, plaintiff Carol Smallwood stated that defendant Jackie Smallwood was living in adultery with a man not her husband, and that she had become pregnant by that other man. At the hearing, Judge Fowler ordered that the interlocutory decree be modified to award the custody of the child to the father with a right of reasonable visitation reserved to the mother.

On August 16, 1962, the mother initiated a proceeding for another hearing relative to custody; the parties filed numerous documents leading to the present hearing; in one of her affidavits, Mrs. Huntington stated that she was now a fit and…