Alden v. Alden

Henderson, J., delivered the opinion of the Court. This appeal is from an order of the chancellor awarding ⁶²³ custody of a five year old child to its mother. It appears that shortly after her marriage in 1951, Mrs. Alden became mentally disturbed and sought psychiatric treatment. The child was born in January, 1956.

Two years later, Mrs. Alden voluntarily entered The Sheppard and Enoch Pratt Hospital, where her illness was diagnosed as a type of schizophrenia. She remained there until August, 1958, when she was transferred to Brook Lane Farm, Hagerstown. Mr. Alden took care of the child during this period. In February, 1959, the wife was discharged from Brook Lane Farm, and obtained employment in Pennsylvania.

In December, 1959, she moved to Baltimore and has since been employed at the Johns Hopkins Hospital, as a registrar. In May, 1960, Mrs. Alden was granted a divorce a vinculo on the ground of desertion. Custody of the child was granted to the father, subject to further order of court. The wife then filed a petition to review, which resulted in the order appealed from.

The appellant contends that the chancellor abused his discretion in changing custody from the father, who had cared for the child for the previous three years, to the mother, who had only had the child on weekend visits. The testimony shows that the child is happy and well adjusted in her father’s