Brown v. Brown
| Decision Date | 17 May 1974 |
| Citation | 510 S.W.2d 14 |
| Parties | Carol L. BROWN, Appellant, v. Harvey M. BROWN, Appellee. Harvey BROWN, Appellant, v. Carol L. BROWN, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Charles H. Anderson, Louisville, for Carol L. Brown.
William P. Mulloy, Louisville, for Harvey M. Brown.
A judgment of the Jefferson Circuit Court awarded Carol L. Brown the custody of Janice E. Brown, age 5; awarded Harvey M. Brown the custody of Sharon K. Brown, age 12, and Douglas H. Brown, age 7; and declined to award child support against either party. Both Carol and Harvey appeal. We affirm.
Harvey filed for divorce, and an agreement was entered into a settle the property of the parties. In this agreement the temporary custody of the three children was to remain with Harvey until further orders of the court, and the issue of permanent custody was reserved for future determination A decree of dissolution of the marriage was entered incorporating the agreement.
Carol filed a motion to have that portion of the agreement pertaining to child custody be held for naught and a hearing held to determine custody, maintenance, and child support. During two days of testimony, the trial court heard a psychiatrist, doctors, marriage counsellors, and psychologists testify as to the physical and mental problems of both Carol and Harvey during their marital life. From these experts, the trial court concluded that both Harvey and Carol were at that time capable of providing a good home for each one of the three children.
During the trial, the trial judge interviewed Sharon, age 12, pursuant to KRS 403.290(1). A court stenographer reported this testimony with no counsel present. Sharon testified: She was hesitant to go to live with her mother because she liked the school she attended, had friends near where she lived with her father, and felt that her mother had changed due to new ideas and new social values.
The trial court felt that the children had been 'well brought up' by both parents. From the interview with Sharon, the trial court concluded that she was happy and well adjusted with her father and that Harvey should be permitted to have the primary custody of Sharon. From all the testimony, the trial judge concluded that Douglas, age 7, should be in Harvey's custody for the future directing and planning of Douglas' life with sufficient opportunity afforded Carol to care for and give guidance to both these children. As to Janice, age 5, the trial court felt that Carol would supply the best guidance and care, but that Janice did need to see and identify with Harvey. In making this determination of divided custody between the parents, the trial court relied on KRS 403.270 and considered all relevant factors as outlined therein.
Carol lists five arguments as to why she should have the custody of all three children. The first argument that the trial court should have dismissed Harvey's appeal...
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