Antonacci v. Antonacci
| Decision Date | 11 January 1954 |
| Docket Number | No. 5-254,5-254 |
| Citation | 222 Ark. 881,263 S.W.2d 484 |
| Parties | ANTONACCI v. ANTONACCI. |
| Court | Arkansas Supreme Court |
Wayne Foster, Little Rock, for appellant.
Carl E. Langston, Little Rock, for appellee.
Appellant Charles Toney Antonacci and appellee Sarah Ann Antonacci were divorced by decree of Pulaski Chancery Court on October 10, 1950. Sarah Ann was given custody of their child William Charles, then 20 months of age. The decree also required Charles Toney to pay $12.50 per week to Sarah Ann for support of the child. Later appellant went into the Army and served for a time in Korea. Sarah Ann moved to California, taking the child with her.
Soon after appellant's return to his home in North Little Rock, appellee returned with the child from California. Later she went back to California with the child, and it is disputed whether this was with the consent of appellant. Thereafter appellant filed a motion in chancery court asking that he be given custody of the child. Sarah Ann then returned to North Little Rock and resisted appellant's motion that he be granted custody of the child, and moved that she be permitted to again take the child to California. Appellee further alleged that appellant was behind $500 in his payments for the maintenance of the child.
On a hearing the Court issued an order permitting appellee to take the child to California, but refused judgment for $500 on account of unpaid maintenance, and reduced the $12.50 per week payments to $12.50 every two weeks. Charles Toney appeals from the order permitting Sarah Ann to take the child to California, and Sarah Ann appeals from the order refusing to allow her the $500 in unpaid maintenance.
It is within the power of the Court to permit the mother to take the child out of the state. Weatherton v. Taylor, 124 Ark. 579, 187 S.W. 450; Gibson v. Gibson, 156 Ark. 30, 245 S.W. 32; and Thompson v. Thompson, 213 Ark. 595, 212 S.W.2d 8. Here it is shown that there is not much chance of the parties being remarried; appellant has been married and divorced twice since his divorce from appellee. He works for the railroad company and is able to procure a pass to ride the trains to California to see the child at any time. In addition, appellee has agreed to bring the child back to North Little Rock each year during the months of July and August, and has made a bond conditioned that she will carry out this agreement.
In addition to the fact that appellant can get a pass to...
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Hollandsworth v. Knyzewski
...not be beyond the power of the court." Thompson v. Thompson, 213 Ark. 595, 599, 212 S.W.2d 8, 10 (1948); see also Antonacci v. Antonacci, 222 Ark. 881, 263 S.W.2d 484 (1954), from which Judge Bird's reference to custodial parents as "prisoners" in Arkansas is presumably drawn, but which in ......
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Hollandsworth v. Knyzewski
...appellee [the mother] to remain somewhat a prisoner in Arkansas because of the unfortunate divorce proceeding." Antonacci v. Antonacci, 222 Ark. 881, 263 S.W.2d 484; see also Thompson v. Thompson, 213 Ark. 595, 212 S.W.2d 8; Nutt v. Nutt, 214 Ark. 24, 214 S.W.2d 366; Langston v. Horton, 229......
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Bethell v. Bethell
...reference thereto retrospectively, unless some reservation is made in the decree itself. A little later, we decided Antonacci v. Antonacci, 222 Ark. 881, 263 S.W.2d 484, in which we affirmed the chancery court's refusal to allow the mother judgment for unpaid installments of maintenance of ......
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Staab v. Hurst
...and changes in visitation by the noncustodial parent must be considered. D'Onofrio, 365 A.2d at 29-30. See also Antonacci v. Antonacci, 222 Ark. 881, 263 S.W.2d 484 (1954) (in approving the custodial parent's move from Arkansas to California, the supreme court specifically considered that s......