Paine v. Paine
| Decision Date | 04 June 1964 |
| Docket Number | No. 3436.,3436. |
| Parties | Rene Evans PAINE, Jr., Appellant, v. Eleanor S. PAINE, Appellee. |
| Court | D.C. Court of Appeals |
John Alexander, Washington, D. C., for appellee, Walter W. Johnson, Jr., Washington, D. C., entered an appearance for appellee.
Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.
The parties to this action are the divorced parents of two children, a boy and a girl now of the respective ages of 18 and 16. The divorce occurred in Florida in March 1959, following a separation agreement dated December 31, 1957. The ageement, which was confirmed by the divorce decree, gave custody of the children to the mother, subject to the right of the father to visit the children and to have them with him for reasonable periods. The father now lives in Florida and the mother and children reside in the District of Columbia.
In April 1962 the father brought an action in the District of Columbia to obtain custody of the children, alleging that the mother had refused to permit him to exercise a normal and reasonable association with the children. In the event he was denied custody, he sought an order giving him the right to associate with the children and have them in his care for reasonable periods. In her answer the mother asserted that the conduct of the father and his relations with the children had been of such a nature to be detrimental to the best interests of the children.
In October 1962 there was an extensive hearing and at its conclusion the trial court, after making specific findings of fact, concluded that the mother was a fit and proper person to have custody of the children and that the father was not such a person. The court also concluded that the best interests of the children required that the father not see or communicate with the children in any manner for a period of one year. A judgment to that effect was entered. The judgment further provided that the children should be examined by a child psychiatrist or psychologist who should report to the court, and that the case should come before the court in October 1963 for further consideration. No appeal was taken from that judgment.
Pursuant to the judgment of October 1962, a second hearing was had in November 1963. At this hearing there was testimony of the father, the mother, the children and a psychiatrist who had examined the children. The court also had before it a report of another psychiatrist. At the conclusion of the hearing the trial court found that the welfare of the children demanded that the conditions...
To continue reading
Request your trial
-
Nouse v. Nouse
...Singewald v. Singewald, 165 Md. 136, 149, 166 A. 441 (1933). See also Aynes v. Scheer, 229 Ga. 205, 190 S.E.2d 34 (1972); Paine v. Paine, 201 A.2d 20, 21-22 (D.C.1964); Chadwick v. Chadwick, 275 Mich. 226, 266 N.W. 331, 332 18 See Solomon v. Solomon, 516 F.2d 1018, 1025-26 (3rd Cir. 1975); ......
-
M--- L--- B--- v. W--- R--- B---
...and always respected as exceedingly important. Radford v. Matczuk, 223 Md. 483, 164 A.2d 904, 907, 88 A.L.R.2d 140, 144; Paine v. Paine, D.C.App., 201 A.2d 20, 22; 2 Nelson, Divorce and Annulment (2nd Ed.), § 15.26, pp. 274--275. Of course, this parental right of access is not an absolute o......
-
Rzeszotarski v. Rzeszotarski, 5901.
...on in light of the husband's possible inability to revisit Poland because of his expired stay in the United States. Cf. Paine v. Paine, D.C. App., 201 A.2d 20 (1964). 13. We are persuaded that any "unfitness" arising from an adulterous relationship which might surround the grant of custody ......
-
Sampson v. Johnson
...and even more drastic is the denial of the right to communicate with them. Such action is justified only in extreme cases." Paine v. Paine, 201 A.2d 20, 22 (D.C.1964). In Paine, id. at 22, the court quoted from the earlier decision of the Municipal Court of Appeals in Surrey v. Surrey, 144 ......