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eBook details

• Title: Foster V. Foster
• Author : Supreme Court Of California In Bank
• Release Date : January 19, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

CURTIS, J. This is an appeal from a judgment of the Superior Court of Los Angeles County in favor of respondent, refusing to grant petitioner's application for the sole and exclusive custody of the minor adopted child of petitioner and respondent, which custody had formerly been granted by the Circuit Court in and for the County of Minnehaha, South Dakota, Second Judicial District, in the divorce action between petitioner and respondent, to petitioner for three months of each year and to respondent for nine months of each year. This controversy over the custody of Whitney Foster, the adopted child of the parties, has been before this court on two previous occasions, once on prohibition proceedings (Foster v. Superior Court, 4 Cal. (2d) 125 [47 Pac. (2d) 701]), and later on supersedeas proceedings. (Foster v. Foster, 5 Cal. (2d) 669 [55 Pac. (2d) 1175].) It has also been before the District Court of Appeal on prohibition proceedings. (Foster v. Superior Court, 4 Cal. App. (2d) 466 [41 Pac. (2d) 187].) The following is a short resume of the legal steps taken in the controversy: John Morrell Foster, respondent herein, and Iva Gilbertson Foster, appellant herein, were divorced in South Dakota, and the decree was made and entered on March 1, 1933. This decree of the Circuit Court in and for the County of Minnehaha, South Dakota, Second Judicial District (hereinafter referred to as the South Dakota decree) provided that Whitney Foster, who had been adopted by the parties shortly after his birth in May, 1927, should remain in the care and custody of his foster father from September 10th of each year until June 10th of the following year, and that he should remain in the custody of his foster mother from June 10th until September 10th of each year. In the early part of January, 1931, Whitney had been taken to Arizona for his health by

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