Katherine Irene Dearden v. Albert Errol

CROCKETT, Justice: Plaintiff appeals from a judgment denying her a divorce and granting one to the defendant on his counterclaim
and awarding him custody of their daughter, then 2 1/2 years old. She contends that the evidence does not justify the trial
court's action, but to the contrary requires a decree in her favor, and that she have custody of the child. The parties married at Sugarville, Utah on May 26, 1958, and thereafter resided in Fillmore. Their daughter was born on December
24, 1960. During most of the marriage defendant worked as a truck driver which necessitated his being away from home a great
deal, and the plaintiff worked as a waitress in the Ilene Cafe. It now appears that the marriage was not harmonious, and that
it disintegrated by degrees until its final wreckage in this divorce proceeding.