Cochran v. Rambo, 44827
| Decision Date | 27 April 1971 |
| Docket Number | No. 44827,44827 |
| Parties | William James COCHRAN, Plaintiff, v. J. David RAMBO, Associate District Judge of the District Court of Cleveland County, State of Oklahoma, Defendant. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court
In a divorce action the trial court has jurisdiction to hear and determine an application for temporary custody of minor children pending an appeal on the merits.
Application for a writ of mandamus in an original proceeding where trial court sustained a demurrer to an application for temporary custody of minor children during the pendency of an appeal. Writ of mandamus granted.
Charles B. Grethen, Blanchard, for plaintiff.
Stockwell & Pence by Benjamin E. Stockwell, Norman, for defendant.
In the trial proceedings below the respondent judge entered an order granting a decree of divorce to William James Cochran, who appears as plaintiff or relator herein, and Bonnie Doris Cochran, and awarded bustody of their two minor children to the father, subject to visitation rights. Mrs. Cochran has appealed to this court in a separate case that part of the divorce judgment which awards custody of the children to the father. That appeal is presently pending on our docket, the merits of which are not the subject for determination in this cause.
The question now before us is the trial court's authority to adjudicate custody of the children while the divorce case is pending on appeal.
Mrs. Cochran, who had custody of the children during the divorce proceeding, refused to surrender the children to the father after the divorce hearing and judgment. The father then filed with the trial court an Application for a temporary order seeking custody of the children while the case pends on appeal. The respondent judge sustained a demurrer to the Application on the theory that under 12 O.S.1961, § 1282, the trial court has no jurisdiction over the custody of the children pending an appeal. The father now seeks a writ of mandamus directing the respondent judge to hear and determine his application for custody of the minor children pending the appeal on the merits.
Title 12 O.S. § 1282, provides:
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Kahre v. Kahre
...is deemed ancillary to the appeal and "lies within the concurrent and coordinate cognizance of the district court"); Cochran v. Rambo, 484 P.2d 500, 501 (Okla.1971) (trial court retains jurisdiction to determine temporary custody, although an appeal is pending); Enyart v. Comfort, 591 P.2d ......
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Chad S., Matter of
...An appeal does not divest the trial court of right to make orders regarding temporary custody and support during pendency. Cochran v. Rambo, 484 P.2d 500 (Okl.1971).6 Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32......
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Daniel v. Daniel, 94,027.
...make provisional or temporary custody orders during pendency. Fox v. Fox, 1995 OK 87, ¶ 4, 904 P.2d 66; Cochran v. Rambo, 1971 OK 55, ¶ 6, 484 P.2d 500; 43 O.S. Supp.2000 § 112 (A)(3). If the trial court makes such an order, then it may be made part of the principal appeal. Fox v. Fox, supr......
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Wilks v. Wilks
...Okl., 599 P.2d 1104, 1107 (1979).10 Potter v. Wilson, supra note 7; Turman v. Turman, Okl., 438 P.2d 488, 490 (1968).11 Cochran v. Rambo, Okl., 484 P.2d 500, 501 (1971); Blair v. District Court, Oklahoma County, Okl., 594 P.2d 367, 369 (1979); Enyart v. Comfort, Okl., 591 P.2d 709, 710 (197......