174 P.2d 913 | Okla. | 1946
C.M. Cochran, hereinafter referred to as plaintiff, filed an action against his wife, Ardith Cochran, for divorce. On the 2nd day of October, 1943, the divorce was granted and the defendant was awarded the custody of the minor children, Charles Mayo, eight years of age, and Walter Martin, three years of age.
After the entry of the decree the defendant *53 removed to the State of Alabama and took the children with her. The plaintiff thereupon filed an application to modify the decree, and on the 29th day of September, 1944, after a complete hearing, the court changed the order, granting the plaintiff the custody of the children from June 15th to August 15th of each year.
Plaintiff has appealed and raises the single issue that by leaving the State of Oklahoma and the jurisdiction of the trial court the defendant has forfeited the right to the custody of the children. This matter was thoroughly considered by the trial court in making its order of September 29, 1944. Plaintiff cites and relies upon Wald v. Wald,
We have carefully reviewed the evidence in the case at bar and are convinced that the trial court reached the correct conclusion in leaving the general custody of the children to the defendant. In this connection, see Freeman v. Freeman,
Order affirmed.
GIBSON, C.J., HURST, V.C.J., and OSBORN, WELCH, and DAVISON, JJ., concur. RILEY and BAYLESS, JJ., dissent.