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eBook details

• Title: Hersey v. Hersey
• Author : Supreme Court of Minnesota
• Release Date : January 06, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

RUGG, C. J. This is a petition for modification of a decree for divorce so far as it relates to the custody of a minor child of the parties. One question is whether the probate court has jurisdiction. The relevant facts in that connection are these: On March 13, 1925, a divorce nisi was granted by the probate court for our county of Suffolk, which had jurisdiction of all the parties, the libelant being then a resident of Boston in this commonwealth, to the wife, the respondent in the case at bar and hereafter so designated, against the husband, the present petitioner and hereafter so designated, for the causes (1) of cruel and abusive treatment and (2) of gross, wanton and cruel refusal and neglect to provide suitable maintenance for the wife. It was ordered by the decree then entered that the petitioner pay thirty dollars per month to the respondent for the support of their minor child, Joan Hersey, and that the custody of the child be given to the respondent, the petitioner to be permitted to visit said child for reasonable periods monthly if he so desires provided that he shall not be at the time of said visit in default of any of the payment for her support required by the decree. The decree nisi became absolute in September, 1925. The present petition for modification was filed on June 11, 1928. It alleges full performance by the petitioner of all the requirements of said decree resting upon him, but that the respondent has refused to permit him to visit the child as therein required; that the respondent was married in 1925 or 1926 to Robert Crawford, with whom she has since lived and is now living in Portland in the state of Maine; that the child is enrolled in school, under the name John Crawford and that the respondent causes the child to be known by that name; and that the petitioner is able and willing to provide proper care for the child at the home of his mother in this commonwealth. Notice upon this petition was issued returnable on June 28, 1928, and personal service was made upon the respondent in Portland on June 14, 1928.

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