Donnally v. Blankenstein

DOOLING, J.

Plaintiff, the father of the minor child Laura Helen-Christa Donnally, appeals from an order of the court amending a custody award to take the physical custody

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of the child from appellant and award it to the defendant-respondent mother.

Appellant and his present wife were divorced in Nevada in October, 1953. After this divorce appellant went to London, England where appellant met the respondent, a German national. The child was conceived in London and when appellant’s divorced wife learned of this she went to London and with the cooperation of appellant arranged to bring respondent to San Francisco where the child was born on December 23, 1954.

Respondent, who had only a temporary visitor’s visa for this country, went to Canada shortly after the child’s birth and has resided in British Columbia ever since. When respondent left the hospital after her child’s birth the baby was taken home by appellant’s divorced wife. In February 1955 appellant and his divorced wife were remarried and on February 24,1955, appellant filed this action, naming respondent as defendant, in which he sought a decree of the court adjudging the child to be the legitimate child of appellant and respondent under the provisions of section 230 Civil Code and for such order for the custody of said child as might appear to the court to be in the child’s best interest. Respondent filed an answer and cross-complaint in which she joined with appellant in asking the court to legitimate the child, but praying that her custody be awarded to respondent.

On March 25, 1955, an order was made and entered by the court which recites that the matter came on regularly for hearing, testimony both oral and documentary was received and the court finds that all of the allegations of plaintiff's complaint are established. This order concludes:

“It Is Hereby Ordered, Adjudged And Decreed :

“1. That Laura Helen-Christa Donnally is the legitimate child of Laurance Henderson Donnally and Herti-ia Therese Blankenstein. ’ ’

At the same time the court made an order reserving the decision as to the permanent custody of the child and committing her to the custody of appellant’s wife until further order of the court.