Hayes v. Hayes, 17865
| Decision Date | 05 November 1956 |
| Docket Number | No. 17865,17865 |
| Citation | 134 Colo. 315,303 P.2d 238 |
| Parties | Wayne L. HAYES, Plaintiff in Error, v. Shirley A. HAYES, Defendant in Error. |
| Court | Colorado Supreme Court |
Arthur E. March, O. Rex Wells, Fort Collins, for plaintiff in error.
John J. Tobin, Ft. Collins, for defendant in error.
Plaintiff in error will be referred to as the husband, and defendant in error as wife. These parties were married in April 1946, and as the issue of the marriage two children were born, Leslie Ann Hayes on June 18, 1948 and William Lynd Hayes born June 22, 1950. A divorce action commenced by the husband on July 29, 1952 culminated in a final decree of divorce in favor of the wife on her cross-complaint. By stipulation of the parties the final decree provided that the husband was to have custody of the children from July 1 to August 1 of each year, and that the wife was to have their custody during the balance of the annual period. The husband was given the right to visit the children twice each week while they were in the custody of the wife. The husband was ordered to pay certain stipulated sums for the support of the wife and the two children. In August, 1953 the husband filed a petition alleging that the wife had taken the children to the state of South Dakota and he prayed for an order that they be returned to Colorado, and that the support money order be modified. In October, 1953 he filed another petition asserting that he had remarried and was able to care for the children and prayed for an order granting him their custody, which petition was denied.
It appears that the wife remarried and moved to Massachusetts where she lived with her new husband and the children. The children were brought to Colorado, and over several days a protracted hearing was held before the trial judge, which hearing culminated in an order dated November 8, 1955 in which the trial court reviewed the entire record and made a specific finding that The trial court granted the husband custody of the children from July 1 to September 1 of each year; ordered the wife to return them to Colorado each year at her expense and required of her a bond in the sum of $5,000 'to assure the return of the minor children to the jurisdiction of this Court and compliance with the orders of this Court.' The parties stipulated that the husband was in arrears in payment of support money in the sum of $750, and the trial court directed that said sum be paid into the registry of the court forthwith, together with the sum of $50 per month commencing January 1, 1956...
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Marriage of Francis, In re
...Colorado has traditionally decided issues of removal based upon the general best interests of the child standard. Hayes v. Hayes, 134 Colo. 315, 303 P.2d 238 (1956). However, this court has never addressed what the "best interests of the child" means in the context of a removal issue, as di......
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...See Clark v. Clark, 1944, 298 Ky. 18, 181 S.W.2d 397; Richardson v. Richardson, 1951, 72 Idaho 19, 236 P.2d 718; and Hayes v. Hayes, 1956, 134 Colo. 315, 303 P.2d 238. Although no New Mexico case directly in point has been called to our attention, in Albright v. Albright, 1941, 45 N.M. 302,......
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