Largent v. Largent
| Decision Date | 28 December 1982 |
| Citation | 643 S.W.2d 261 |
| Parties | Kathy Boyd LARGENT, Movant, v. Glenn Howard LARGENT, Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
Eric Tohtz, Western Kentucky Legal Services, Paducah, for movant.
Richard H. Lewis, Benton, for respondent.
Glenn Howard Largent, the appellee herein, brought this action for modification of the agreed custody provisions of a decree of dissolution of marriage between himself and Kathy Boyd Largent, the appellant herein. The trial court modified the custody provisions solely upon proof by deposition. The decision of the trial court was appealed and initially reversed by the Court of Appeals. However, upon rehearing, the Court of Appeals affirmed the decree of the trial court. We granted discretionary review and now affirm the decision of the Court of Appeals.
Glenn and Kathy Largent were married in December of 1974. Almost from the outset, the marriage was troubled, and the couple eventually sought counseling for their marital difficulties. While Kathy was pregnant with their daughter (whose custody is at issue), the couple briefly separated, though they were later to reconcile. The record indicates that while carrying the child, Kathy admitted herself to a psychiatric hospital. The child was born sometime after her release. Following the birth of their daughter, the Largents lived with Glenn's parents, eventually to reside in a mobile home on the parent's property for approximately one year.
In March of 1978, Kathy left Glenn, taking the baby with her. For several months, Kathy and her daughter lived with relatives, until finally finding an apartment of their own. Kathy has since moved to an apartment in her mother's home.
Kathy filed a petition for dissolution of marriage in June of 1978. An agreement as to property, custody and support was executed by both parties and incorporated by reference into the decree of dissolution entered on December 1, 1978.
Some months later, Glenn filed a motion to modify the custody decree, pursuant to KRS 403.340. Glenn alleged the child's environment seriously endangered her physical, mental, moral and emotional health, and that the possible harm which might result from a change in custody would be outweighed by the advantages. Affidavits of Kathy's former neighbors were attached to the motion.
The affidavits described instances when the child would wander, alone, to the neighbor's homes, and related other occasions when the little girl would not be adequately clothed, for example, not wearing shoes or a coat during the winter. In addition, the affiants stated that at times the child would appear drowsy, as if drugged or sedated. Indeed, on two occasions the child ingested her mother's medication, though on both occasions Kathy apparently responded promptly. The neighbors also described an incident involving a party at Kathy's apartment, which drew complaints from the neighborhood and ultimately resulted in Kathy being asked to move. Finally, the affiants told of numerous occasions when various men would visit Kathy at her apartment, visits which apparently lasted overnight.
The trial court ordered an investigation by the Department of Human Resources. Following the investigation, the social worker assigned to the case concluded, "due to the age of the child, and the bond between the mother and child," that Kathy, the mother, should retain custody.
Nonetheless, the trial court ordered custody of the Largent's daughter be changed from mother to father. The trial court determined that when all the evidence was considered, the best interests of the child, "as required by KRS 403.270," would be served by modifying the original decree so as to give custody to the father, Glenn Largent. Upon request for further findings of fact and conclusions of law, the court found:
... that the evidence shows that the mother has on numerous occasions failed to provide proper supervision for the child, thereby permitting the child to absent herself from the mother's home and to homes of neighbors under circumstances which were dangerous to the well-being of the child; in the failure of the mother to properly clothe the child during periods of cold or inclement weather; upon the over sedation of the child, either through the intentional administering of medicines to the child by the mother or permitting the child to obtain such medication, thereby further endangering the health and well-being of the child; and by the admitted conduct of the mother in cohabiting for various periods of time with male companions in the home where she and the child were then residing and at a time when the child...
To continue reading
Request your trial
-
Gosney v. Glenn
......Golightly, 976 S.W.2d at 414; Sherfey v. Sherfey, 74 S.W.3d 777, 782 (Ky.App.2002). Ky. R. Civ. P. (CR) 52.01; Largent v. Largent, 643 S.W.2d 261 (Ky.1982). The trial court's conclusions of law, however, are subject to independent de novo appellate determination. A & ......
-
Baze v. Rees, No. 2005-SC-0543-MR.
......See Largent v. Largent, 643 S.W.2d 261 (Ky.1982). A careful review of this matter indicates there is no reason to believe that the circuit judge ......
-
Keeney v. Keeney, 2005-CA-001834-MR.
...... Largent v. Largent, 643 S.W.2d 261, 263 (Ky.1982). This rule provides in pertinent part that findings of fact shall not be set aside unless clearly ......
-
Crouch v. Crouch, No. 2005-SC-0761-DGE.
......Ralph S. Petrilli, Kentucky Family Law, Custody of Children, § 26.22 Appellate Review (1988)(citing Largent v. Largent, 643 S.W.2d 261 (Ky.1982); Enlow v. Enlow 456 S.W.2d 688 (Ky.1970); Whisman v. Whisman, 401 S.W.2d 583 (1966); Hinton v. Hinton, 377 ......