Alligood v. Hunt, 22680

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtGREGORY; NESS
Citation353 S.E.2d 699,291 S.C. 368
PartiesPamela P. ALLIGOOD, Appellant, v. James Mathews HUNT, Jr., Respondent. . Heard
Docket NumberNo. 22680,22680
Decision Date27 January 1987

Page 699

353 S.E.2d 699
291 S.C. 368
Pamela P. ALLIGOOD, Appellant,
James Mathews HUNT, Jr., Respondent.
No. 22680.
Supreme Court of South Carolina.
Heard Jan. 27, 1987.
Decided Feb. 23, 1987.

Page 700

[291 S.C. 369] John W. Harte, Aiken, for appellant.

Duke K. McCall, Jr., of Leatherwood, Walker, Todd & Mann, Greenville, for respondent.

GREGORY, Justice:

This appeal is from a Family Court order refusing to award appellant (Mother) custody of the parties' four-year-old son based on an alleged change of circumstances. We affirm.

The Family Court awarded respondent (Father) custody of the child in March 1983. Mother regained custody shortly thereafter when she prevailed on a petition for supersedeas to this Court. The child remained in Mother's custody until June 1985 when the Court of Appeals affirmed the Family Court's order and the child returned to Father's custody. Mother then commenced this action to change custody. She alleged a change of circumstances based on her increased emotional and financial stability resulting from her remarriage.

Mother had an adulterous relationship with Kenneth Alligood during the parties' marriage. She subsequently married Mr. Alligood after her divorce from Father in September 1985. She contends the Family Court erroneously considered her prior misconduct in refusing to change custody.

The Family Court order refers to Mother's prior adultery as a factor considered only in comparing the parties' relative stability. Mother is now married for the third time. She had four illicit sexual relationships during the course of her two prior marriages. A parent's morality is a proper factor for consideration in determining custody insofar as it is relevant to the child's welfare. Linder v. Agnew, 276 S.C. 153, 276 S.E.2d 774 (1981); Davenport v. Davenport, 265 S.C. 524, 220 S.E.2d 228 (1975). We find no error in the Family Court's limited consideration of Mother's prior adultery as a factor in determining the parties' relative stability as parents.

[291 S.C. 370] Mother further contends the Family Court did not give sufficient weight to her remarriage as an indication of increased stability. The Family Court did credit Mother for her remarriage but did not find the remarriage sufficient in itself to justify a change of custody. This ruling was proper. See Fisher v. Miller, 288 S.C. 576, 344 S.E.2d 149 (1986); Rodgers v. Gray, 285 S.C. 111, 328 S.E.2d 478 (1985); Stutz v. Funderburk, 272 S.C. 273, 252 S.E.2d...

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4 cases
  • Higgins v. Medical University of South Carolina, 2662
    • United States
    • Court of Appeals of South Carolina
    • May 12, 1997
    ...of dismissal. Id. The Leverette court stated that "the notice provisions in Rule 56 are incorporated into Rule 12(b)(6)." Id. at 367, 353 S.E.2d at 699. Leverette does not expressly state whether the non-movant had copies of the supporting affidavits at least 10 days before the hearing as r......
  • Brown v. Leverette, 22679
    • United States
    • United States State Supreme Court of South Carolina
    • November 19, 1987
    ...of limitations, res judicata and collateral estoppel was error because these defenses were not apparent from the face of the complaint. [291 S.C. 368] NESS, C.J., and GREGORY and CHANDLER, JJ., concur. HARWELL, J., not participating. ...
  • Cash v. Cash, 2421
    • United States
    • Court of Appeals of South Carolina
    • November 27, 1995
    ...363 S.E.2d 404 (1987) (the question of children's custody is one addressed to the sound discretion of the trial court); Alligood v. Hunt, 291 S.C. 368, 353 S.E.2d 699 (1987) (when both parents are fit to have custody, the trial judge must make the election). Accordingly, we find no abuse of......
  • Radtke v. Radtke, 22954
    • United States
    • United States State Supreme Court of South Carolina
    • November 1, 1988 holding the tender years doctrine mandates that custody be given the mother because the children are young females. Alligood v. Hunt, 291 S.C. 368, 353 S.E.2d 699 (1987). We therefore reverse the custody award and remand the case for the family court to determine Mother's visitation righ......

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