White v. White

McCOMB, J.

This is an appeal from the portion of an order in an interlocutory decree of divorce granting the custody of the minor child of the parties to defendant (mother of the child).

Facts:

Plaintiff instituted an action for divorce against defendant. Thereafter pursuant

to

an order to show cause to determine the temporary custody of the minor child of the parties the trial court on September 27, 1950, entered an order placing the physical custody of the child, pendente lite, with the paternal grandmother, Mrs. Myrtle Rhodes.

Thereafter and at the time of the divorce action the trial court made a finding that both parties were fit persons to

[523]

have custody of the child and awarded custody to defendant (the mother).

Questions: First:

Since there was not any showing of a change in conditions from the time the trial court made its order for the temporary custody of the child to the time that it made the order in the interlocutory decree of divorce awarding the custody of the child to the mother, was the trial court without jurisdiction to make the latter

orderf

No.

The order of September 27, 1950, was purely a temporary order pending the trial of the action and did not in any way limit the power of the court at the time of trial to make such order as the evidence disclosed at that time was for the best interest of the minor child of the parties.

It was not necessary therefore that defendant introduce any evidence to show there had been a change of conditions from the time the court made its preliminary order for the temporary custody of the child.

Prouty

v.

Prouty,

16 Cal.2d 190 [105 P.2d 295], and