FULLER v. FULLER


2 Mass. App. Ct. 372 (1974)

312 N.E.2d 581

CONSTANCE FULLER vs. DONALD L. FULLER.

Appeals Court of Massachusetts, Essex.

June 20, 1974.


Attorney(s) appearing for the Case

Rya W. Zobel (Alix Smullin with her) for the libellant.

David S. Mortenson for the libellee.

Present: HALE, C.J., KEVILLE, & ARMSTRONG, JJ.


KEVILLE, J.

On November 17, 1970, Donald Fuller (Donald) was granted a decree of divorce nisi in a Probate Court from Constance Fuller (Constance) in an uncontested proceeding on the ground of gross and confirmed habits of intoxication. Donald also was given custody of their sons, Michael, who is now eight, and Mark, now six.

On March 14, 1972, Constance brought a petition for modification before another judge who on April 30, 1973, ordered that custody of...

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