Hogan v. Hogan
| Decision Date | 15 July 1971 |
| Parties | Jack T. HOGAN, Appellant, v. Evelyn K. HOGAN, Respondent. |
| Court | Oregon Court of Appeals |
Francis F. Yunker, Portland, argued the cause and filed the brief for appellant.
Frank M. Ierulli, Portland, argued the cause for respondent. With him on the brief was Paul Gerhardt, Portland.
Before SCHWAB, C.J., and FORT * and THORNTON, JJ.
This is an appeal by the plaintiff father from an order which modified a divorce decree by transferring custody of the three minor children of the parties from the plaintiff to the defendant and requiring plaintiff to pay $100 per month for the support of each child. The father appeals on the ground that the trial court erred in transferring custody because the mother had failed to show a material change of circumstances affecting the welfare of the children.
Plaintiff was granted the divorce from the defendant and was awarded custody of the three minor children in 1966. The decree provided that the children would reside within the home of the paternal grandparents.
The record indicates that the father is unmarried; that he is working hard in establishing a new business; that his business has required that he spend considerable time in Europe, leaving the three children, a girl now aged 14 years, and two boys aged 12 and 8 1/2 years, with the grandparents; that said absences were approximately as follows:
1968--November 1 through December 15
1969--March 1 to April 15
1969--Latter part of the summer, a month
1969--November 3 to December 19
1970--January 18 to June 7;
that the grandparents provide excellent care for the children; that the father's income is well above average and he provides material comforts for the children; and that when his work does not require his absence from them he has good relations with his children.
The defendant mother has remarried, marrying the man with whom she had fallen into a meretricious relationship during her previous marriage and which conduct contributed to the failure of the former marriage. The couple now occupies a four bedroom home on a farm near Portland.
According to the trial court file, in June 1968 the defendant filed a motion seeking modification of the divorce decree by transferring custody of the children to her on the ground that the children were being raised by plaintiff's mother 'in the absence of the plaintiff by virtue of his work committments (sic) and other obligations.' The court denied the motion on August 23, 1968, but at the conclusion of the hearing the court stated orally from the bench:
'* * * The grandmother and grandfather are to be thanked for their services here and for what has been in the past a tragic relationship, but they are not the best custodians for the children.'
In October 1969 defendant filed another motion seeking modification of the divorce decree by transferring custody of the children to her on the ground that plaintiff's frequent and extended business trips to Europe were harmful to their welfare. In January 1970 the circuit court after hearing modified and enlarged the visiting privileges afforded defendant, and continued the custody hearing until June 1970. At the conclusion of the January hearing the court stated orally from the bench:
'Mr. Hogan says that his long periods of absence will cease, but the situation for the last year and a half has been such to indicate that the children have received substantially less than the amount of contact with the parent to which they are entitled.
'The case will be heard again during the second two weeks of June at the conclusion of the school year.'
In April 1970 defendant filed an additional motion to modify the decree by changing the custody of the minor children to her, alleging that the plaintiff had continued to leave the children with his parents while in Europe attending to his business, and that the defendant had remarried, stabilized her life, had a four bedroom home in the country and a wholesome environment for the children.
On June 22, 1970, the court modified the decree (order entered on ...
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Yeamans v. Yeamans
...to the raising of these children, and have discharged these duties with admirable competence, nevertheless, as in Hogan v. Hogan, 6 Or.App. 122, 486 P.2d 1309 (1971), we are compelled to conclude from the record that plaintiff left her children in the custody of her parents and has, in effe......
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...of stability to the well-being of children. Mackey v. Mackey, Or.App., 94 Adv.Sh. 1256, 496 P.2d 21 (1972); Hogan v. Hogan, Or.App., 92 Adv.Sh. 1800, 486 P.2d 1309 (1971); McCutchan v. McCutchan, Or.App., 92 Adv.Sh. 459, 483 P.2d 93 (1971). The breakup of defendant's marriage to Mr. Dunlap ......
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Holmes' Marriage, In re
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