Bailey V. Bailey

The issues presented to this Court relate to the propriety of the order modifying the child custody provisions of a decree of divorce. The parties were married in 1946. We are not informed as to the date of their separation or the date that Mae Louise Bailey, hereinafter called the plaintiff, filed her suit for divorce. The record reflects that she filed an amended complaint, the defendant filed his answer thereto, a hearing without contest was conducted and a decree of divorce was entered, all on 14 December 1962. The decree approved a child custody and property settlement agreement which was dated 13 December 1962, which made reference to a then pending divorce action bearing the same number as the case now before us and the agreement was physically incorporated into the decree. At the time of the entry of the decree, the two children of the parties, James Daryl Bailey, referred to as "Jim" and Reford L. Bailey III, referred to as "Bud", were aged 15 and 9 respectively.