DEL POZZO v. DEL POZZO

No. 6559.

113 N.H. 436 (1973)

SHIRLEY DEL POZZO v. ANTHONY DEL POZZO.

Supreme Court of New Hampshire.

August 27, 1973.


Attorney(s) appearing for the Case

John B. Ford for the plaintiff.

Wiggin, Nourie, Sundeen, Pingree & Bigg and W. Wright Danenbarger (Mr. Danenbarger orally) for the defendant.


LAMPRON, J.

A divorce was decreed to the plaintiff and custody of the three minor children of the parties, two girls ages 9 and 7, and a boy age 5, was awarded to the mother by Morris, J. The defendant's exception to the award of custody is the only issue to be decided on this appeal.

The power to award custody of minor children in a divorce proceeding granted to the trial court by RSA 458:17 rests in the sound discretion of the presiding justice. ...

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