Opinion
Gen. No. 9,534. (Abstract of Decision.
Opinion filed November 20, 1946 Released for publication December 17, 1946
DIVORCE, § 126 — when custody of child would not be changed. Evidence was insufficient to sustain decree transferring custody of eight year old girl from her maternal grandmother to her father, upon counterclaim of father in contempt proceeding against him for failure to make payments for support of child, where child had spent all her life, and apparently was happy and contented, in comfortable home of her maternal grandparents, with whom child's mother also lived when she was not working, and where the father had remarried and was living with his wife and their two children in a four room apartment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Macon county; the Hon. MARTIN E. MORTHLAND, Judge, presiding.
Reversed and remanded with directions. Heard in this court at the October term, 1946.
C.C. Martin and F.R. Wiley, for appellant;
James S. Baldwin, for appellee.
Not to be published in full. Opinion filed November 20, 1946; released for publication December 17, 1946.