Cacic v. Cacic
| Decision Date | 30 October 1967 |
| Docket Number | No. 22778,22778 |
| Citation | 164 Colo. 103,432 P.2d 768 |
| Parties | Beverly J. CACIC, Plaintiff in Error, v. George J. CACIC, Defendant in Error. |
| Court | Colorado Supreme Court |
Francis R. Salazar, Robert L. Pitler, Denver, for plaintiff in error.
No appearance for defendant in error.
Plaintiff-husband instituted an action for divorce against defendant-wife on the grounds of physical and mental cruelty and sought custody of the two minor twin daughters of the parties, who, at the time of the commencement of the action, were approximately four and a half years of age. Defendant-wife denied the acts of cruelty and counterclaimed for divorce on similar grounds and likewise asked that the custody of the children be awarded to her. The trial court granted a divorce to each party. The custody of the twin daughters--by that time five and a half years of age--was given to the father.
The findings of the trial court to which this writ of error is directed were as follows.
'The Court finds that there is sufficient evidence, based on cruelty, mental cruelty, on the part of each of these parties in this marriage of theirs, that each party should be granted a divorce in the matter on the basis of cruelty.
'I further find that, for the time being,--and, this has been a difficult decision to make, and I have given it a great deal of thought--that the children should be with the father, with the hope, and, I think I will make it a part of this order, that the, that there be further, and, diagnosis, as it were, and, findings on Maria as to what can and should be done with this little girl for her mental health.'
In the wife's motion for a new trial, which was overruled, there was raised for the first time the failure of the complaint to state the statutory ground upon which the divorce could be granted. The matter is made one of the assignments of error in this court. On this particular point, assuming the complaint to be deficient in failing to contain the necessary statutory language, such issue was not raised prior to or during the trial and was waived. Furthermore, the record amply supports the decree of divorce in favor of the husband.
The wife also argues that the trial court's findings were insufficient to warrant granting of custody to the father. She alleges that in Colorado the mother should not be deprived of the custody of children of tender years unless the court finds, with sufficient support in the record, facts which will lead...
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People v. Chard
...if it had applied the newly created standard or test. Bond v. District Court, 682 P.2d 33, 40 (1984); see also Cacic v. Cacic, 164 Colo. 103, 106, 432 P.2d 768, 769 (1967) (not the function of the supreme court to search the record and supply findings); Carpenter v. Donohoe, 154 Colo. 78, 8......
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Cox v. Pearl Inv. Co.
...error, it will not be considered on review, unless it involves a plain error which deprives a litigant of fundamental rights. Cacic v. Cacic, Colo., 432 P.2d 768; Rivera v. Queree, 145 Colo. 146, 358 P.2d 40; Horlbeck v. Walther, 133 Colo. 19, 291 P.2d 688; McMullin v. Magnuson, 102 Colo. 2......
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Rayer v. Rayer
...342, 117 P. 1000. Plaintiff argues that the court's findings of fact are not sufficient to support the custody award under Cacic v. Cacic, 164 Colo. 103, 432 P.2d 768. In that case the court made no findings nor gave any explanation to support its award of custody to their father. In the pr......
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Menne v. Menne, 27563
...to support its award. A trial court is required to make sufficient factual findings in support of a custody decision. Cacic v. Cacic, 164 Colo. 103, 432 P.2d 768; In Re Marriage of Jaramillo, Colo.App., 543 P.2d 1281. In this case, we hold that the trial court made sufficient findings of fa......
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ARTICLE 10
...the court could not have ordered an award of custody to any party, because such findings and conclusions were necessary. Cacic v. Cacic, 164 Colo. 103, 432 P.2d 768 (1967). A statement by a trial judge, disclosing that his decision in a custody matter was based largely on irritation and agg......
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ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT
...the court could not have ordered an award of custody to any party, because such findings and conclusions were necessary. Cacic v. Cacic, 164 Colo. 103, 432 P.2d 768 (1967). A statement by a trial judge, disclosing that his decision in a custody matter was based largely on irritation and agg......