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USEN v. USEN

359 Mass. 453 (1971)

269 N.E.2d 442

BARBARA W. USEN vs. RICHARD S. USEN.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1971.

Attorney(s) appearing for the Case

John H. Henn (Jerome Preston, Jr., with him) for Barbara W. Usen.

Gerald Gillerman (Steven R. Kaye & Joseph B. Abrams with him) for Richard S. Usen.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.

BRAUCHER, J.

This is an appeal by the mother of a minor child from a decree entered in the Probate Court removing the child from her custody and awarding custody to the father. She claims the following errors: (1) The judge permitted at trial an amendment of a petition to restrain removal of the child from the Commonwealth under G.L.c. 208, § 30, transforming it into a petition for change of custody under G.L.c. 208...

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