Bingham v. Bingham, 15228
| Decision Date | 10 February 1978 |
| Docket Number | No. 15228,15228 |
| Citation | 575 P.2d 703 |
| Parties | Vicki L. BINGHAM, Plaintiff and Appellant, v. Vernal Carl BINGHAM, Defendant and Respondent. |
| Court | Utah Supreme Court |
Brian R. Florence of Florence & Hutchison, Ogden, for plaintiff and appellant.
Michael D. Lyon, Ogden, for defendant and respondent.
Plaintiff Vicki Bingham appeals from an order made in proceedings supplemental to divorce which changed the custody of their 7 year-old son from her to the defendant Vernal Bingham.
The plaintiff grounds her attack upon the order on the rule to which we agree as a general proposition: that it is presumed to be for the best interest and welfare of a child of tender years to be with his mother. However, under the modern trend of social thinking away from former fixed rigidities, toward equality of the sexes and greater flexibility in considering the qualifications of the parents on an individual basis, that presumption is subordinate to the higher rule that the paramount concern in such cases is the best interest and welfare of the child. 1
As to be expected in such cases, the parties each presented evidence as to the favorable aspects of their own qualifications and home conditions being the best environment for their son; and conversely those things which would detract therefrom in the other. In addition to the evidence presented, they stipulated that the court should have the benefit of a home investigation and evaluation by an officer of the juvenile court; and also that the court interview the boy.
It was upon the basis of all the foregoing, which included the somewhat extensive report, that the trial court based his findings and decision.
In the best interest of all concerned, we think it unnecessary and inadvisable to set forth herein the detail of the evidence. It seems sufficient to say that upon the basis thereof the trial court was amply justified in the findings and the conclusion he arrived at in awarding the custody of the child to the father, but with what impresses us as fair and liberal visitation privileges of the mother, including two evenings each week, two weekends each month and one month during summer vacation.
This further observation is also pertinent. If there should be any misjudgment as to the best interest and welfare of this child in the placement made, there is the safety factor that an award of custody of a minor child as between spouses is not necessarily permanent. 2 Upon the passage of a sufficient period of time to determine how the present program works out, if it appears not to be for the best advantage and...
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Hogge v. Hogge
...question of changed circumstances and address themselves immediately to determining the best interests of the child. Bingham v. Bingham, Utah, 575 P.2d 703 (1978); Plumb v. Plumb, Utah, 555 P.2d 1205 (1976); Finnegan v. Finnegan, Utah, 535 P.2d 1159 (1975); Smith v. Smith, 1 Utah 2d 75, 262......
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Jorgensen v. Jorgensen, 16193
...429, 454 P.2d 884 (1969).3 Henderson v. Henderson, cited supra; Steiger v. Steiger, 4 Utah 2d 273, 293 P.2d 418 (1956); Bingham v. Bingham, Utah, 575 P.2d 703 (1978); Hyde v. Hyde, cited supra.4 Rice v. Rice, Utah, 564 P.2d 305 (1977); Stuber v. Stuber, 121 Utah 632, 244 P.2d 650 (1952).1 S......
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Lembach v. Cox, 17095
...the appropriate legal standard for awarding custody. See also Henderson v. Henderson, Utah, 576 P.2d 1289 (1978); Bingham v. Bingham, Utah, 575 P.2d 703 (1978); Smith v. Smith, Utah, 564 P.2d 307 (1977); Hyde v. Hyde, 22 Utah 2d 429, 454 P.2d 884 (1969); Steiger v. Steiger, 4 Utah 2d 273, 2......
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Henderson v. Henderson, 15074
...concurs in result. 1 Steiger v. Steiger, 4 Utah 2d 273, 293 P.2d 418 (1956); Smith v. Smith, Utah, 564 P.2d 307 (1977).2 Bingham v. Bingham, Utah, 575 P.2d 703 (1978); Arends v. Arends, 30 Utah 2d 328, 517 P.2d 1019 (1974); Hyde v. Hyde, 22 Utah 2d 429, 454 P.2d 884 (1969); Sampsell v. Holt......