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LERNER v. SUPERIOR COURT

Docket No. S.F. 18448.

38 Cal.2d 676 (1952)

242 P.2d 321

BETTY F. LERNER, Petitioner, v. SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; CLARENCE F. LEARNER, Real Party in Interest.

Supreme Court of California. In Bank.

March 25, 1952.

Attorney(s) appearing for the Case

Marvin E. Lewis, Goldstein, Lewis & Barceloux for Petitioner.

Cosgriff, Carr, McClellan & Ingersoll and Frank V. Kington for Real Party in Interest and Respondent.

TRAYNOR, J.

During their marriage, Clarence and Betty Lerner adopted two children, Gerald and Linda. The marriage failed, and a final decree of divorce was entered on May 10, 1948. The decree awarded legal custody of the children to Clarence and Betty jointly, and physical custody to Betty for the greater part of each year. No appeal was taken from the final decree. On May 25, 1950, both parties consented to an order modifying the custody provisions of the final divorce...

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