(Download) "Trudgen v. Trudgen" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Trudgen v. Trudgen
- Author : Supreme Court of Montana
- Release Date : January 30, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
DIVORCE ? PARENT AND CHILD ? INFANTS ? CUSTODY ? CONSTITUTIONAL LAW ? TRIAL ? ATTORNEY AND CLIENT ? COURTS 1. Divorce ? Custody ? Mother preferred. In divorce case, other things being equal, custody in the mother is to be preferred where children are of tender years. 2. Parent and Child ? Custody orders are interlocutory in nature. To safeguard welfare of children, but neither to reward nor punish parents, child custody orders are interlocutory in nature and for good cause shown, are modifiable in sound discretion of district court, but in absence of a strong showing of abuse of that discretion, custody orders should not be disturbed on appeal. 3. Divorce ? Modification of original decree. Court or judge may modify original decree, fixing custody of children of divorced parents, on change of conditions inducing original decree. 4. Infants ? Welfare of children paramount. Welfare of children is paramount consideration in proceedings to obtain their custody. 5. Divorce ? Each case rests on own facts. In determining custody of children of divorced parents, each case must be decided on its own peculiar facts and circumstances. 6. Divorce ? Test for modification of decree. In determining whether there has been a substantial change of circumstances warranting modification of decree awarding custody of children of divorced parents, test is childs welfare rather than welfare of the parents. 7. Divorce ? Effect of numerous changes of custody. Bill of exceptions and judgment roll which reflected four modifications of child custody orders in nine weeks, no matter how well intended or by whom sought or ordered, constituted prima facie record of substantial change affecting the children, warranting modification of order so as to grant mother exclusive custody under evidence. 8. Divorce ? Affidavits and counter-affidavits. In determining custody of children of divorced parents, affidavit may be countered by affidavit. 9. Divorce ? Formal findings not necessary. In absence of statute, court need not make formal findings of fact in support of its order modifying custody provisions of divorce decrees. - Page 175 10. Divorce ? Motion for written findings. In hearings on motion to modify child custody orders in divorce proceeding, parties desiring written findings of fact and conclusions of law must move for them in writing at close of the evidence, as the statute requires, and even then, if the evidence justifies but one conclusion, formal findings are unnecessary. 11. Divorce ? Custody in discretion of court. Whether divorced mother who was awarded sole custody of minor children should be permitted to take the children beyond the courts jurisdiction rested within sound discretion of trial court. 12. Divorce ? No abuse of discretion. Court which awarded sole custody of minor children to divorced mother did not abuse its discretion in permitting mother to take the children into the state of Washington under evidence showing that mother could not adequately support the children in Montana but could do so when living with her sister in Washington. 13. Divorce ? Jurisdiction is constitutional. Proceedings for divorce are statutory, but jurisdiction in matters of divorce is constitutional and may not be abridged. 14. Divorce ? Attorneys fees ? Words and phrases "pending." Where on hearing for modification of order awarding custody of children of divorced parents wifes attorney of record was joined by associate counsel, court properly allowed such counsel attorneys fees since action was "pending" within statutes providing that while action for divorce is pending court may require husband to pay as alimony any money necessary to enable wife to support herself and to present or defend the action, and that an action is deemed to be pending from time of its commencement until its final determination upon appeal or until time for appeal has passed unless the judgment is sooner satisfied.
 "Trudgen v. Trudgen" by Supreme Court of Montana * eBook PDF Kindle ePub Free){kind=link}