Marriage of Estelle, In re
| Citation | 592 S.W.2d 277 |
| Decision Date | 11 December 1979 |
| Docket Number | No. 40840,40840 |
| Parties | In re the MARRIAGE OF Dennis ESTELLE, Petitioner-Respondent, and Linda Sue Estelle, Respondent-Appellant. |
| Court | Missouri Court of Appeals |
Andrew L. Granat, Deeba, DeStefano, Sauter & Herd, Nancy Everett, Anderson, Everett, Sedey & VanAmburg, St. Louis, for respondent-appellant.
Milton W. Schaeffer, Clayton, for petitioner-respondent.
A child custody case.
The parties' six year marriage was dissolved, and custody of the parties' five year old daughter was awarded to the father. The mother appeals from the custody award contending the evidence does not support the trial court's findings and that the award contravenes the tender years presumption, the best interests of the child, and the equal protection clauses of the United States and Missouri Constitutions by characterizing only the mother's employment outside the home as a negative parental attribute.
We have reviewed the case upon both the law and evidence pursuant to Rule 73.01 and will not disturb the trial court's custody award unless the welfare of the child requires a different disposition. In re Chilton, 576 S.W.2d 584, 585(1, 2) (Mo.App.1979); Shannon v. Shannon, 550 S.W.2d 601, 604(7-8) (Mo.App.1977); See, Mazurek v. Mazurek, 575 S.W.2d 227, 229(1-4) (Mo.App.1978).
The trial court's custody award is supported by the evidence. Evidence of respondent's fitness to be his daughter's custodian was given by a friend of respondent, a woman who had worked in the daughter's day care center, and two women neighbors of the parties, who had frequent opportunity to observe the daughter as her baby-sitter or as the mother of a playmate. These witnesses all testified respondent had an exceptionally good relationship with his daughter, that she appeared to benefit from respondent's custody, and that she seemed less apprehensive or nervous when in her father's care. Respondent testified that, while the parties lived together, he was very active in caring for his daughter. He often prepared her breakfast and evening meals, picked her up from the baby-sitter or day care center, and prepared his daughter for bed.
When the parties first separated, the daughter remained in appellant's custody, but the daughter visited respondent frequently. At first, appellant lived in the house the parties had rented, and respondent moved into an apartment. Later, the respondent moved back to the house, and appellant moved to an apartment. In January of 1978, respondent took custody of his daughter and filed this action for dissolution. Since that time, the daughter has spent alternating weekends with appellant. Respondent testified he has read many of the popular books on the subject of child rearing and cooks and cares for his daughter himself rather than hiring a housekeeper.
We cannot say the evidence contradicts the trial court's custody award. Appellant's evidence indicated her daughter was not less well-adjusted in her custody, that respondent's parsimoniousness might keep the daughter from medical care despite a past serious illness, and that respondent was a lax disciplinarian. However, neither party maintains the other is unfit to have custody of the daughter. Both parties clearly love their daughter and are concerned she have the best possible care. Neither party has proven any misconduct or neglect by the other. Both parties have responsible, full-time jobs outside the home.
Appellant places great reliance upon the "tender years"...
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Burchard v. Garay
... ... The rule thus fosters the dual goals of judicial economy and protecting stable custody arrangements. (In re Marriage of Carney (1979) 24 Cal.3d 725, 730-731, 157 Cal.Rptr. 383, 598 P.2d 36; Connolly v. Connolly (1963) 214 Cal.App.2d 433, 436, 29 Cal.Rptr. 616.) ... See also In re Marriage of Estelle (Mo.App.1979) 592 S.W.2d 277, in which the court affirmed a custody award to a working father, not remarried, as against an equally fit working ... ...
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Nowels v. Nowels, 43336
...637 S.W.2d 163 ... In re the Marriage of Guy Eddie NOWELS, Respondent, ... Lynn NOWELS, Appellant ... No. 43336 ... Missouri Court of Appeals, Eastern District, Division Four ... June ... In re Marriage of Estelle, 592 S.W.2d 277, 278 (Mo.App.1979); Randle v. Randle, 560 S.W.2d 876, 879 (Mo.App.1977) (custody modification). Given the present record, we do not ... ...
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Roberts v. Roberts, WD
... ... PRITCHARD, Presiding Judge ... In the dissolution of marriage decree entered on November 6, 1981, custody of the two children born of the marriage, a son, born March 12, 1970, and a daughter, born July 25, 1979, ... 1980) [a three-year old daughter]; In re Marriage of Willer, 595 S.W.2d 410 (Mo.App.1980) [a four-year old daughter]; and In re Marriage of Estelle, 592 S.W.2d 277 (Mo.App.1979) [a five-year old daughter] ... The evidence here does not show that either party is unfit to have ... ...
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Marriage of Pehle, In re, 43219
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Beyond economic fatherhood: encouraging divorces fathers to parent.
...such as availability of economic resources, parental employment, and fathers' remarriage). (241) See, e.g., In re Marriage of Estelle, 592 S.W.2d 277, 277-78 (Mo. Ct. App. 1979) (affirming custody to working father over working mother and emphasizing that father often prepared the child's b......