Aileen H. Featherston v. Charies N‪.‬

LAWSON, Justice. This is an appeal from a decree of the Circuit Court of Etowah County, in Equity, denying a petition to modify a decree awarding custody of minor children. On December 10, 1957, Aileen Featherston obtained a divorce from her husband, Charles Featherston, on the ground of voluntary abandonment. The custody of their four minor children was awarded to the father in accordance with an agreement of the parties. Apparently the mother was given the right to visit the children at all reasonable times. The decree of December 10, 1957, is not in the record presently under consideration. On December 31, 1959, Aileen Featherston filed a petition seeking modification of the decree of December 10, 1957, in so far as custody of the minor children was therein awarded to their father. She prayed that the permanent custody of the children be awarded to her on the ground that since the decree of divorce Charles Featherston has conducted himself in such a manner as to show that he is not a fit and proper person to have custody of the children. She averred in an amendment to her petition that at the time she agreed for the custody of the children to be awarded to their father he agreed 'that he would give her the custody of the children' as soon as 'she got herself adjusted' and that she only agreed to temporary custody in the father because her attorney assured her that at the end of three months 'he could have the children returned to her by the court.' After hearing witnesses testify, the court entered a decree refusing to modify the decree of December 10, 1957, except as to the mother's right to visit the children. Right of visitation was restricted to 'two hours each week and between the hours of 4:00 P.M. and 6:00 P.M. on each Wednesday hereafter' in the home of the children's father.