Robertson V. Robertson Book Reviews

Robertson V. Robertson by Third Appellate District District Court Of Appeal Of California Book Summary

Under an interlocutory decree entered in June, 1943, appellant was awarded the custody and care of the three-year-old son of the parties, provided, however, that the father, respondent herein, should have the custody during the months of April, July and November of each year, until further order of the court. In September, 1943, respondent was inducted into the navy, and, on the date of the modification order herein attacked, was still in the service. In June, 1944, the final decree of divorce was entered. Appellant has since remarried, retaining the care and custody of said child. From the date of the original decree until respondent's induction into the navy he had been living continuously with his parents. After said induction appellant refused his request that she give the custody of the child to the paternal grandparents during the times the court had directed that he should have the child. However, she did leave the child with them on many occasions, usually for short, irregular periods of a day or two. On one occasion the boy was with them for more than two weeks. In August, 1944, respondent filed a motion for an order authorizing him  to place the immediate care of the child with his parents during the months of April, July and November. At the conclusion of the hearing on said motion the court found that each of the parties was a competent and fit person to have the custody and control of the child; that the only home of respondent was with his parents, and that said grandparents were fit and proper persons to have the immediate care of the child. The court thereupon modified the decree to provide that during the months when respondent had the right to the care, custody, control and possession of said child, he should have the right to place the child under the immediate care of his parents at their home.

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