Osmun v. Osmun, 3916
| Decision Date | 30 April 1957 |
| Docket Number | No. 3916,3916 |
| Citation | 73 Nev. 112,310 P.2d 407 |
| Parties | Dorothy OSMUN, Appellant, v. Marvin Neil OSMUN, Respondent. |
| Court | Nevada Supreme Court |
Wright & Eardley, Elko, for appellant.
F. Grant Sawyer, Elko, for respondent.
This is an appeal from an order modifying a decree of divorce to change custody of two minor children. Custody of the children (a boy age 6 and a girl age 3 at the time the suit was brought in 1954) was, by the decree of divorce, awarded to their mother. By the order of modification custody was changed to the father. The mother has taken this appeal. She contends that the trial court was guilty of abuse of discretion in that there is no evidence of such change of circumstances as would warrant the modification under the recognized law of this state: Elsman v. Elsman, 54 Nev. 20, 31, 2 P.2d 139, 3 P.2d 1071, 10 P.2d 963; Abell v. Second Judicial District Court, 58 Nev. 89, 71 P.2d 111; State ex rel. Groves v. First Judicial District Court, 61 Nev. 269, 125 P.2d 723. We concur in this view.
One year elapsed from the date of the original decree to the date of the father's petition for modification. By the decree the mother was allowed $65 a month for the support of the children. She had no means of her own, no job, no home of her own. It was anticipated that she would be able to provide herself with all necessities for the proper care of the children, making her home in Salt Lake City. After the decree was granted she decided to return to school in Salt Lake City in order to equip herself better for employment. A week after the granting of the decree the parties agreed that for the current school year and until the summer of 1955 the father should take the children to Imlay, Nevada, to live with him. The mother's reasons for this agreement undenied by the father, were that with her attending school and working she would not have time to give the proper attention to the children; that the school situation was better for the children in Imlay; that the father had just completed service in the navy and felt that having the children with him would aid him in his adjustment to civilian life. From that time on the children remained with the father.
Just prior to filing his petition for modification he remarried; his financial position has improved since the original decree was rendered and accordingly his ability to provide a stable home for the children. No change of circumstances has been shown so far as affected the ability of the mother to care for the children. Her...
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