Curtis v. Curtis

Citations

• 46 Wash. 664
• 91 P. 188
• 1907 Wash. LEXIS 684

Syllabus

<p>Divorce — Custody of Child — Modification of Decree — Evidence —Sufficiency. Upon application of a mother for modification of a decree of divorce awarding the custody of a child to a stranger, to which she had consented owing to her then poor health, proof that she is now able to provide for the child authorizes the court to award her its custody without any showing that the welfare of the child demands the change.</p> <p>Same — Fitness of Mother. Upon application of a mother for modification of a decree of divorce, to gain possession of a child, specific acts which occurred long before her marriage, and then known to her husband, are not sufficient to show her unfitness to have custody of the child.</p> <p>Same — Consent to Decree — Effect—Modification. A stipulation in a divorce case as to the custody of a child amounts to no more than evidence, and does not estop the party from subsequently moving for a modification of the decree.</p>