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(DOWNLOAD) "Bernadette L. Iverson v. Harvey E. Iverson" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

Bernadette L. Iverson v. Harvey E. Iverson

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eBook details

  • Title: Bernadette L. Iverson v. Harvey E. Iverson
  • Author : Supreme Court of Minnesota
  • Release Date : January 15, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

In a default proceeding in 1952, plaintiff was divorced from defendant on the grounds of cruel and inhuman treatment. The
divorce decree, dated July 2, 1952, awarded the custody of the three minor children of the parties to plaintiff, subject to
the right of reasonable visitation by defendant. The decree contained no provision ordering support payments since the defendant
was serving a term in St. Cloud Reformatory, but the court retained jurisdiction for the purpose of dealing with the support
matter when the defendant should again become gainfully employed. In June 1953, several months after defendant was released
from the reformatory, plaintiff took the children to California where she had obtained employment. In December of 1953, she
moved the court for a modification of the original divorce decree to expressly permit her to reside in California with the
children and receive support payments. On December 16, 1953, the court granted the requested relief and ordered the defendant
to contribute thereafter to plaintiff $20 per week toward the support of their three minor children. The court further ordered
that defendant should have the right of reasonable visitation with said children at the home of plaintiff in California "until
such further order of the court with respect to said right of visitation." Defendant appeals from the amended judgment and
decree entered pursuant to this order. Defendant contends that the court erred in ordering the support payments since the plaintiff's act in removing the children
to California deprived him of the right of visitation granted to him by the original divorce decree. In support of this contention,
the defendant directs our attention to Eberhart v. Eberhart, 153 Minn. 66, 68, 189 N.W. 592, where this court, in holding
that a father was relieved from the duty to pay support while his child was kept out of the state by the mother, stated:


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