Peterson v. Peterson
| Decision Date | 07 March 1961 |
| Citation | 108 N.W.2d 126,13 Wis.2d 26 |
| Parties | Donna M. PETERSON, Respondent, v. Robert M. PETERSON, Appellant. |
| Court | Wisconsin Supreme Court |
Anthony Frank, Milwaukee, for appellant.
Thomas E. Dolan, Milwaukee, for respondent.
The question is whether the trial court abused its discretion in allowing the respondent wife to remove the child to St. Paul. The majority of the cases deciding this point support the rule that if the parent who has custody of a child has good reason for living in another state and such course of action is consistent with the welfare of the child, the courts will permit the removal. See Annotation 154 A.L.R. 558 and 15 A.L.R.2d 468.
Generally, the same considerations which determine custody of children are applied to the question of removal of children out of the state. The controlling consideration is the welfare of the child and it has often been said by this court that the determination of that welfare is primarily the task of the trial court and, except where there is a clear abuse of discretion, the trial court's order should prevail. Smith v. Smith, 1957, 1 Wis.2d 174, 83 N.W.2d 672; Dodge v. Dodge, 1955, 268 Wis. 441, 67 N.W.2d 878.
The appellant strenuously argues that the paternal grandparents have not interfered with the respondent's raising of the child. We do not agree. During their entire married life, the parties lived in the home of the paternal grandparents, first in the same quarters and subsequently in the upper flat of the same house. Robert was born and lived there until the parties were divorced. During this time the grandparents attempted to direct the upbringing of the child. After the divorce the appellant husband visited the child and usually took him to visit the grandparents. While the appellant was in California for some six months, the grandparents made too frequent visits and displayed a more than normal love and affection for the child. The respondent has had difficulty keeping baby-sitters because of the interference of the grandparents. There is also testimony that this 4 year old child uses foul language which he has learned by hearing his grandfather use it. This is disputed by the grandfather. The appellant claims the attention of the grandparents was merely normal love and affection but the evidence indicates the activities of the grandparents surpassed normal love and affection and were motivated by self-gratification and a strong desire to supplant themselves for the respondent in the mind and heart of the child. Instead of encouraging the bond between their daughter-in-law and her child, the grandparents abandoned the role of grandparents and assumed the role of parents.
The child is spoiled. When the mother attempts to discipline him, he calls for his grandparents and on occasions has thrown tantrums and stated that some day he is going to live with his grandparents and be rich. There is no doubt that the mother has and will have a difficult time raising this child. The continuance of the present circumstances does not offer any real hope for the proper upbringing of this child. There is no merit in the argument that this child of 4 years will suffer an emotional shock if separated from its present surroundings. A child of 4 easily adapts himself. But if the attachment of the child for its grandparents is of such a nature that its severance would produce emotional shock, then such relationship ought to be terminated.
The appellant urges the removal would be an undue hardship upon him. It is true that removal of the child will cause some hardship to the appellant because if he desires to visit the...
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Custody of H.S.H.-K., In re
...472, 80 N.W.2d 359 (1957) (allowing visitation by the noncustodial mother's two sisters and their husbands), and Peterson v. Peterson, 13 Wis.2d 26, 108 N.W.2d 126 (1961) (declaring that the difficulty and hardship of a parent in exercising visitation rights must be subordinated to the welf......
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Long v. Long, 84-1667
...767.245(6) but relied on Fritschler v. Fritschler, 60 Wis.2d 283, 208 N.W.2d 336 (1973), which in turn relied on Peterson v. Peterson, 13 Wis.2d 26, 108 N.W.2d 126 (1961), and Whitman v. Whitman, 28 Wis.2d 50, 135 N.W.2d 835 (1965). This court decided these three cases before the legislatur......
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Krause v. Krause, 58
...of such a conflict is always the welfare of the child. Whitman v. Whitman, supra, p. 57, 135 N.W.2d 835; Peterson v. Peterson (1961), 13 Wis.2d 26, 28, 108 N.W.2d 126. In the instant case, there has been no finding as to the best interests or welfare of the children. Such a determination ca......