Matthews v. Matthews
| Decision Date | 02 May 1979 |
| Docket Number | No. 20951,20951 |
| Citation | 254 S.E.2d 801,273 S.C. 130 |
| Parties | Jackie MATTHEWS, Respondent, v. Gloria Jean MATTHEWS (Phillips), Appellant. |
| Court | South Carolina Supreme Court |
Eugene Fallon, Jr., Florence, for appellant.
R. Dean Welch, and David A. Brown, Lake City, for respondent.
This appeal is from an order granting the respondent (father) permanent custody of the parties' minor child and granting limited visitation to the appellant (mother). We affirm as to custody and remand for the award of more liberal visitation to the mother.
The parties were formerly married and had one male child, Shawn, now four years of age. In August, 1976, the parties separated and custody of the child was left with the father. Subsequently, the father obtained a divorce on the grounds of his wife's adultery. On January 4, 1977, temporary custody of Shawn was awarded to the father and the mother was granted visitation rights to commence each Saturday at 10:00 a. m. and continue through Sunday at 5:00 p. m. No appeal was taken from this order.
Thereafter, the father petitioned the court for permanent custody of Shawn and the mother, in her answer, likewise claimed custody. By order of May 30, 1978, the father was awarded permanent custody and the mother's visitation with Shawn was reduced to every other week from 6:00 p. m. on Friday until 6:00 p. m. on Saturday.
In a custody dispute, the paramount and controlling factor is the welfare and best interests of the child. Wood v. Wood, 269 S.C. 600, 239 S.E.2d 315 (1977), Davenport v. Davenport, 265 S.C. 524, 220 S.E.2d 228 (1975).
Based on the testimony at the hearing and home investigation reports from the Department of Social Services, the trial judge concluded that the father had provided a stable home environment for the child continuously since the mother left the marital residence in 1976 and that the best interests of the child dictate that custody remain with him.
Both parties have remarried. The father with his new wife live with his parents. The mother and her present husband reside on a farm belonging to her husband's father.
The record shows that Shawn had been well adjusted and cared for during the two years he has resided in the home of his father. While in his father's custody, Shawn has been regularly attending Sunday School and church. The father's present wife appears to love Shawn and has treated and cared for him as she does her own children. On the other hand, the mother's conduct towards Shawn is inconsistent. The testimony shows that during her specified times of visitation, the mother has frequently left Shawn in the care of others. The further testimony revealed that on two occasions the mother had returned Shawn with bruises and scrapes for which she apparently afforded no...
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