Price v. Price

2 Citing cases

  1. Jarrett v. Jarrett

    112 N.E.2d 694 (Ill. 1953)   Cited 16 times

    " In Price v. Price, 329 Ill. App. 176, and Lucchesi v. Lucchesi, 330 Ill. App. 506, the court which had entered the divorce decree modified the custody provisions of the decree upon application after the death of the spouse to whom custody had been awarded. In neither case was any question raised as to the propriety of proceeding in this manner or as to the jurisdiction of the court to modify the decree.

  2. Sholty v. Sholty

    67 Ill. App. 2d 60 (Ill. App. Ct. 1966)   Cited 4 times
    In Sholty v. Sholty (1966), 67 Ill. App.2d 60, 64-65, 214 N.E.2d 15, 17, the court said that "other circumstances" may in some cases be sufficient to overcome a parent's right to custody.

    Appellants contend, in light of the foregoing principles, that the order of the Trial Court was not for the best interest of the minor involved and hence contrary to law. Appellants rely on the cases of People v. Weeks, 228 Ill. App. 262, and Price v. Price, 329 Ill. App. 176, 67 N.E.2d 311, in support of their contention that the Court should have awarded custody to the maternal grandparents. These cases recognize the principle that the superior right of a natural parent is not unlimited and affirms the propriety of the trial court's discretion in awarding custody to a person other than a natural parent.