Harris v. National Union of Marine Cooks and Stewards

Appellant was awarded an interlocutory decree of divorce against respondent on May 23, 1949, and was awarded the custody of Kenneth Duane Barnes, the minor child of the parties, then aged 1 1/2 years. The final decree of divorce was entered on May 29, 1950. The record shows that the said minor child, after the entry of the interlocutory decree and until the remarriage of his father, the respondent, resided with his paternal grandmother and was under her supervision, although no modification of the order granting the custody of the child to appellant was made until October 15, 1951. During the summer of 1951, appellant mother and her husband (she also having remarried) planned to move to the State of Washington and to take the child with them, whereupon respondent father made a motion to modify the divorce decree by having the custody of the child awarded to him. After a hearing the superior court entered its order on October 15, 1951, granting respondents motion, and awarded the custody of the child to respondent father.