Boyles v. Boyles, 39162

Decision Date04 January 1974
Docket NumberNo. 39162,39162
Citation213 N.W.2d 729,191 Neb. 66
PartiesGlenwood James BOYLES, Appellee, v. Ruby Joyce BOYLES, Appellant.
CourtNebraska Supreme Court

Syllabus by the Court

1. In determining the question of who should have the care and custody of children upon the dissolution of a marriage, the paramount consideration is the best interests and welfare of the children.

2. A decree fixing custody of minor children will not be modified unless there has been a change in circumstances indicating that the person having custody is unfit for that purpose or that the best interests of the children require such action.

3. The discretion of the trial court with respect to changing the custody of minor children is subject to review, but the determination of the court will not ordinarily be disturbed on appeal unless there is a clear abuse of discretion or it is clearly against the weight of the evidence.

Fisher & Fisher, Chadron, for appellant.

Wade H. Ellis, Alliance, for appellee.

Heard before WHITE, C.J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

NEWTON, Justice.

This is a child custody proceeding brought by defendant, the mother of David Lee Boyles. The divorce decree awarded custody of the child to Melvin and Faye Boyles, husband and wife. The court refused to change the child's custody. We affirm the judgment entered.

David was born May 6, 1968, to plaintiff and defendant who subsequently married on April 19, 1969. They were divorced May 5, 1972. Custody of David was awarded to plaintiff's brother and sister-in-law who reside in Arthur, Nebraska. Both are school teachers and they have two daughters of their own. It is conceded that they have provided a good home for David and taken good care of him.

After plaintiff and defendant separated defendant lived with Raymond Stites under the name of Stites. A boy was born to them on July 27, 1971, and a second boy was born to them a few days after the marriage of defendant and Raymond Stites on November 13, 1972.

It is defendant's contention that there has been a change in circumstances since she has now remarried and has a home provided by her present husband. She further urges that as his natural mother she is entitled to David's custody.

It is true that ordinarily a natural parent is preferred when questions regarding child custody arise. However, the paramount issue is the welfare of the child. 'In determining the question of who should have the care and custody of children upon the dissolution of a marriage, the paramount consideration is the best interests and welfare...

To continue reading

Request your trial
3 cases
  • Kockrow v. Kockrow, 39212
    • United States
    • Nebraska Supreme Court
    • April 18, 1974
    ...upon the dissolution of a marriage, the paramount consideration is the best interests and welfare of the children. Boyles v. Boyles (1974), 191 Neb. 66, 213 N.W.2d 729. In cases involving determinations of child custody, the findings of the trial court both as to an evaluation of the eviden......
  • Meysenburg v. Meysenburg, 43428
    • United States
    • Nebraska Supreme Court
    • March 27, 1981
    ...paramount consideration is the best interests and welfare of the child. See, Neb.Rev.Stat. § 42-364 (Reissue 1978); Boyles v. Boyles, 191 Neb. 66, 213 N.W.2d 729 (1974). Norese urges us to find that the best interests and welfare of a child are served by awarding custody to the natural moth......
  • Greenfield v. Greenfield, 41256
    • United States
    • Nebraska Supreme Court
    • December 21, 1977
    ...be disturbed on appeal unless there is a clear abuse of discretion or the decision is against the weight of the evidence. Boyles v. Boyles, 191 Neb. 66, 213 N.W.2d 729. We cannot condone the appellee's actions nor can we approve the appellant's life style. In view of the otherwise satisfact......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT