McLemore v. McLemore
| Citation | 92 A.L.R.2d 691,346 S.W.2d 722 |
| Parties | Nancy McLEMORE, Appellant, v. Ralph McLEMORE, Appellee. |
| Decision Date | 28 April 1961 |
| Court | United States State Supreme Court — District of Kentucky |
H. H. Lovett, Jr., Lovett, Lovett & Lovett, Benton, for appellant.
Nat Ryan Hughes, John Arna Gregory, Jr., Murray, for appellee.
The judgment in the divorce action between Nancy and Ralph McLemore awarded the custody of three small girls to each parent alternately and fixed the amount for their maintenance and support. The mother complains of this part of the judgment.
Nancy and Ralph McLemore were married in 1951 and separated in 1960. They have three children: Nancy Caroline, Susan Jane, and Mollie Ann, eight, five, and two years of age, respectively. The youngest child had a physical defect at birth and has undergone surgery for its correction.
The judgment provides that each parent shall have custody of the children alternately for a week at a time and that the father shall pay $50 per month for the support of the mother and the children and all necessary medical expenses of the children. Appellant contends that the paramount interest of the children requires that they be kept in the custody of the mother, with the father having the privilege of reasonable visitation, and that he should pay more for their support and maintenance.
The fitness and suitability of the parents and their respective homes, both being in the same town, are not involved. The question is presented as to whether the interest of the children is better served by their being in the custody of the mother rather than the father or by split custody, other factors being equal.
The rule is that the paramount consideration in child custody cases is the welfare of the child and not the wishes of the parents. Youngblood v. Youngblood, Ky., 252 S.W.2d 21; Sevier v. Sevier, Ky., 280 S.W.2d 526. The child's well-being is usually fostered and developed better by awarding custody to the mother because of the nature of their relationship. To this end, the Court is always loath to deprive a mother of the custody of very young children. Riggins v. Riggins, 216 Ky. 281, 287 S.W. 715; Clark v. Clark, 298 Ky. 18, 181 S.W.2d 397; Renfro v. Renfro, Ky., 291 S.W.2d 46; Hatfield v. Derossett, Ky., 339 S.W.2d 631. Especially is this true in the case of young girls. Bowman v. Bowman, 310 Ky. 509, 221 S.W.2d 71; Harp v. Harp, 314 Ky. 618, 236 S.W.2d 698; Hatfield v. Derossett, Ky., 325 S.W.2d 84.
Ordinarily the Court does not look with favor upon split custody of small children. Garner v. Garner, Ky., 282 S.W.2d 850; Conlan v. Conlan, Ky., 293 S.W.2d 710. In Towles v. Towles, 176 Ky. 225, 195 S.W. 437, 438, the Court held that the Chancellor should have awarded the custody of two young boys to their mother, permitting the father to visit at reasonable times and places, instead of awarding custody jointly to the father and mother, alternating monthly. In condemning such an arrangement, the Court said:
In Davis v. Davis, 289 Ky. 618, 159 S.W.2d 999, 1001, the Court further condemned split custody by saying:
'* * * in the molding of the character and habits of a young life, it is as foolish to keep shifting him between his parents whose incompatibility has wrecked their attempt to establish a home * * * as it would be to keep shifting a plastic compound from one mold to another and back again.'
The best interest and welfare of the child demand that divided custody should be avoided if possible, and it will not be...
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