Keiter v. Keiter

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: Before WILKINS
• Citation: Keiter v. Keiter, 258 N.E.2d 778, 357 Mass. 772 (Mass. 1970)
• Decision Date: 01 May 1970
• Parties: Lenore Z. KEITER v. Albert KEITER.

Page 778

258 N.E.2d 778

357 Mass. 772

Lenore Z. KEITER v. Albert KEITER.

Supreme Judicial Court of Massachusetts, Suffolk.

Argued April 7, 1970.

Decided May 1, 1970.

Walter H. McLaughlin, Jr., Boston (David G. Hanrahan with him) for respondent.

Joseph B. Abrams, Boston, for petitioner.

Before WILKINS, C.J., and SPALDING, CUTTER, REARDON and QUIRICO, JJ.

RESCRIPT.

On June 6, 1968, the Probate Court entered a decree that the petitioner (wife) was living apart from the respondent (husband) for justifiable cause; that the wife would have the care anc custody of their child, Mitchell Ira Keiter, who was born on March 30, 1967; that the husband would have the right to visit and take the child for two hours on each Sunday afternoon; and that the husband should make certain payments for the support of his wife and child. On March 26, 1969, the wife filed a petition to modify the decree by permitting her to leave this Commonwealth with the child and to make their permanent home in the area of the city of New York where she had lived all of her life before her marriage and where her parents and other relatives still lived. After a contested hearing the Probate Court entered a new decree on June 11, 1969, allowing the wife to move to New York with the child, and changing the days and hours on which the husband might see and have custody of the child. The husband appeals from the second decree. The evidence is reported. All questions of law, fact and discretion are therefore open for our decision. The trial judge made a report of the material facts found by him. We may find facts in addition to those found by him; and, if satisfied that ...