Norwich bulletin., 1921-11-29
CUSTODY OF "RABy LEE.
IS GIVEN TO HEB MOTHER

IS GIVEN TO HEB MOTHER
 Judge Allyn L. Brown of the superior court handed down his decisieh awRrainE the custody of six-year-old Adelen kis- sam Lee to her mother, Adeiene Palmer Lee, wife Of Dr. Harry M. Lee of New London. Mrs. Lee is to have the custody of ''Baiby Lee" during the pendencv of the divorce suit in which she charges her hus- oand with intelerable cruelty, but Judge Brown attaches the condition that Mrs Lee is % give Up cigarettes while the child Is in her custody and the judge si- so provides that Dr. Leo may sec the child at certain times.
 ! Judge Browns memorandum of decision
 in the case which was tried before him. with Mrs. Leo appearing as plaintiff and | Dr. Lee as defendant in their contest 10
 see who could get the custody of their six year old daughter, was as follows:
 1 This motion raises the Questl- ns as to who should have the temporary custody ot
 this six-year old girl. The welfare os the child is the paramount consideration in the decision of this question. Counsel fir the defendant concede, and 1t Is obvious, that ordinarily the natural and proper place for such child, where the joint home Of the parties, as here. has been disrupted, IS with the mother. But the defendant claims the plaintif's habits, character, disposition and mentality are
 such that it Is unsafe to entrUst the child to her
 To establish this fact, testimony has been offered at great lengths on the one side and the ether to show whether The
 plaintiff CD Is lacking in natural matern- aNlove for her child, (2) has failed to properly care fer her (S) Is a drug ad- 1ipf fS S,.fFo mental dementia." None Of these charg-
 es against the plaintif has been proved.
 and I am satisfied from the evidence that
 all ahe without foundation in fact
 The defendants only ether charge against the plaintiff to show her an i'm l proper custodian for the child relates to
 her alleged use for years of cigarettes to
 excess. The plaintiff frankly admitted on
 the stand that she has been and Is an ex- tensive user of cigarettes. The defend
 ants complaint of this practice of the plaintiff as the mother of their child
 would come with greater force, had ht not as her physician and friend had ful
 knowledge of it for years prior to his mar rtage to her. The child appears to be ua fortunate in having what the parties con. teinplated for her-two qarents addicted |. to the use of cigarettes.
 Whatever may be the correct standarl for the individual as to the use of ciga
 rettes. expert testimony in this hearing
 has demonstrated what common sense
 child of the age of this one will fare bet
 ter if brought up in an atmosphere uncon | taminated by smoke from cigarettes. given the custody Of the child and so al 5 rected by the court the plaintiff has vol , unteered to give up the use Of cigarettes for the sake of her child,
 I therefore find that the safety of tn , child will not be imperilled by entrustiu ) her to her mother, and that the plaintiff : is the suitable person to have the custod of her. upon the direction that she fror [ this date so long as she has the custody c [ the child hereunder shall absolutely ab ! stain from the use of cigarettes.
 In view of the conclusions above state i the evidence of the defendants conduct ! obtaining s23,O0o from the plaintiff an her mother. trying 10 get the latter t l mo cdify her will in his interest, using vii language in the pres-E2e Of the plainti
 concerning her child - 6 previous ma1 q riage, threatening to ruin her family an n have her declared insane, etc. as bearil = upon whetheF or not he would be a pro- CT custodian for the child, becomes no1 \. or less material. I am, however, satisfie : that the child <-uld be equally safe wit ! the defendant
 S An order may be entered awarding ii z custody, control and education Of Adelen r. Nissan Lee to the plaintiff during th . pendency of the cause. with the directio 5, that during the custody hereunder th T plaintiff absolutely abstain from the use y cigarettes, directing the plaintiff to hay l. the child i~ ~ -~- s~ho, y terms at least, one day in every thre
 weeks or sLai 2 given reasonable notice to afford him til . oppcrtuni;y of having the child with hil Il between the house of Q. n. and D. T }. on such day: and during 3 total of 2 q at least two-thiTds of her periods cs vs = cation to afford him the opcprturSsy U having the child with him between tH = hours of 8 m. and D. m. On sue :. days Of said time as he may elect; an S that is case of the sickness of the chil
 requiring more than the casual attendanG
 of physician the defendant shall be not
 fled and have the opportunity to go
 the child and there attend her as a phys V ! clan as may be necessary