Couturier v. Couturier
| Decision Date | 29 January 1960 |
| Docket Number | No. 4228,4228 |
| Citation | 348 P.2d 756,76 Nev. 60 |
| Parties | Clare L. COUTURIER, Appellant, v. Mariellen COUTURIER, Respondent. |
| Court | Nevada Supreme Court |
Tad Porter, Las Vegas, for appellant.
Cornwall & Sullivan, Las Vegas, for respondent.
This is an appeal from the lower court's order modifying a prior decree of divorce by changing the custody of four minor children of the parties from the father to the mother, with rights of visitation in the father. The former decree, pursuant to an agreement between the parties, had awarded custody to the father, with rights of visitation in the mother.
The order modifying the decree with reference to custody was made upon the grounds that since the divorce the circumstances of the mother had materially changed in that she had remarried and could then provide the children with a good and comfortable home; that she had recovered her health sufficiently to enable her to care properly for the children; that the circumstances of the father had also materially changed in that he had remarried and his present wife has four additional minor children under her care and control.
The specific errors assigned are: (1) in admitting in evidence a doctor's written report; (2) in refusing to strike respondent's supplementary affidavit; (3) in limiting appellant's rebuttal; (4) abuse of the court's discretion in modifying the decree because of insufficient evidence of change of circumstances.
The task of this court in considering whether error was committed by the trial court in these matters and whether, if so, they entitle appellant to a reversal, is a far less difficult one than that of the trial court in passing on the motion to modify the custody provisions of the decree.
We address our attention first to the contention that there was insufficient evidence of change of circumstances. It is quite clear that the evidence discloses important and significant changes. Following the entry of the decree of divorce, both parties remarried. The husband, as noted, had been given the custody of the four minor children, aged respectively, at the time of the motion, seven, six, four and two. Approximately one year has since elapsed, so that the children are now eight, seven, five, and three. The youngest child, sadly, was born with one arm. The husband's present wife had three children by a former marriage. In addition, the husband and his present wife have the care of a minor niece of the husband's, so that the husband's household at the time of the filing of the motion included eight minor children. At the time of the divorce respondent was working. At the time of the present hearing she had remarried, her husband was working, and she was able to devote her entire time to her household. The wife and her present husband now live in a three-bedroom house, with the grounds landscaped. At the time of the divorce the wife had been mentally ill. On the occasion of the present hearing of the motion to modify the decree the court ordered an examination of the wife by a psychiatrist and a physician. The psychiatrist had left Las Vegas and made no examination or report. The physician made a report to the effect that she had recovered her health sufficiently to enable her to care properly for the children.
At the hearing it developed that the parties were quite bitter toward each other, and the testimony was in irreconcilable conflict on all points, except as to the affection of both parties for their children and the desire of both parties to see that the children were properly cared for, and except that each admitted that the other was a proper person to have the custody of the children. Apparent in the case is the importance of the timeworn expression that the court had the parties before it on the witness stand, observed their demeanor, passed on their credibility, and was the sole arbiter to weigh and judge their testimony. The court's keen desire to make such arrangement as seemed for the best interests of the children is manifest throughout the hearing.
In modifying the decree and awarding custody to the mother, the court meticulously took into consideration the matter of the school terms, school hours, the alternation of custody accordingly, the...
To continue reading
Request your trial
-
Timney v. Timney
...to make such arrangement as seemed for the best interests of the children is manifest throughout the hearing.' Couturier v. Couturier, 76 Nev. ----, 348 P.2d 756, 757. The trial court is vested with a large discretion in determining what is for a child's best welfare. Murphy v. Murphy, 65 N......
-
Screen v. Screen, 5011
...decree had already been entered. 1. The trial court has considerable discretion in the conduct of its own trials. Couturier v. Couturier, 76 Nev. 60, 348 P.2d 756 (1960). The record before us clearly illustrates that there was no more reason to continue with the trial than there is merit fo......