Robertson v. Robertson

FOURT, J.

This is an appeal by defendant from orders modifying certain orders theretofore made with reference to the custody, support and maintenance of the minor child of the parties to the action.

[785]

The parties hereto were formerly husband and wife. On March 5, 1951, the plaintiff husband was granted an interlocutory decree of divorce from the defendant. The custody of the minor child, who at that time was approximately 9 months of age, was awarded to defendant. The plaintiff was granted the right to visit the child on each Saturday from

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p.m. until 4 p.m., and was ordered to pay $50 per month toward her support. A final judgment of divorce was made and entered March 11, 1952, adopting the provisions of the interlocutory decree with respect to the custody, support and maintenance of the child.

On October 28, 1954, defendant filed an order to show cause and affidavit

in re

modification of the interlocutory decree wherein she sought to have the plaintiff pay $75 per month for the support and maintenance of the child and a reasonable attorney's fee. This matter was continued from time to time. On March 14, 1955, plaintiff filed an order to show cause and affidavit

in re

modification of the order with respect to the custody of the child, wherein he requested that he be allowed to take the child with him on alternate week-ends from 8 a.m. on Saturday to 7 p.m. on Sundays, and for one month during the summer vacation period; he further requested that defendant be restrained from removing the child from Los Angeles County without an order of court.

Defendant thereupon, on March 24, 1955, filed an order to show cause and affidavit

in re

modification of child support wherein she requested $90 per month for the support and maintenance of the child, and that the plaintiff pay her attorney a reasonable attorney’s fee.