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CLEMENTS v. CLEMENTS

No. 3025.

184 A.2d 195 (1962)

Royal L. CLEMENTS, Appellant, v. Ruth CLEMENTS, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 24, 1962.

Attorney(s) appearing for the Case

William C. Gardner, Washington, D. C., with whom William B. Bryant, Washington, D. C., was on the brief, for appellant.

Francis W. Taylor and William P. Kilmain, Washington, D. C., for appellee.

Before HOOD, Chief Judge, MYERS, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

CAYTON, Judge.

A husband appeals from a judgment awarding custody of minor children to his wife, together with maintenance and support. Our first question is whether it was proper to award custody to one spouse when both were living together, and the children with them.

The parties have been married for 19 years and at the time of trial and judgment were living in the same house with their three minor children. After having moved out of the household in September...

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