Puckett v. Puckett
| Decision Date | 11 September 1969 |
| Docket Number | No. 40114,40114 |
| Court | Washington Supreme Court |
| Parties | Joan PUCKETT, Respondent, v. David G. PUCKETT, Appellant. |
Cook, Flanagan & Berst, Robert A. Berst, Seattle, for appellant.
Riddell, Williams, Voorhees, Ivie & Bullitt, Richard H. Riddell, Seattle, for respondent.
The perfect divorce decree has rarely been entered; this one is no exception. If a divorce decree makes the best of what is usually a bad situation, little else can be expected of it. Defendant husband appeals that part of the decree which granted his wife custody of their two minor children and fixed child support at $450 per month for each child.
Joan and David Puckett married in 1952. At the time of the divorce in 1967, their two daughters were 11 and 12 years of age and their community property amounted to $107,000. According to the court's findings, the defendant husband had separate property valued at approximately $313,000, consisting primarily of 50 per cent ownership of the capital stock in a company which he managed, and an interest in his deceased parent's estates worth $143,000. His income as president-manager of the Puckett Company included an annual salary of $30,000 along with an $18,000 bonus received during the year of the divorce action.
The court granted plaintiff wife custody and care of the two minor daughters and the husband assigns this as error. He contends that the record shows a history of repeated misconduct and infidelity on the wife's part so serious as to demonstrate her unfitness to have custody of the two young girls. On this point, no good purpose will be achieved by a recital of the evidence. Suffice it to observe concerning the custody of both children that the court from substantial evidence found that both parties were 'fit and proper persons to have their custody' and that each had been guilty of misconduct 'rendering life burdensome as a result of association with others of a different sex.'
Abundant evidence was presented also to establish that the plaintiff was a devoted, affectionate and industrious mother, had an abiding interest in the welfare of the children and maintained a good home for them. She provided for their education, saw to it that they received extracurricular instruction in ballet and music, took them skiing, swimming and camping and on picnics, arranged parties for them, and showed interest in their school work. She dressed them well and maintained a good home for them and in general provided the two girls with a wholesome, pleasant and congenial environment.
There was evidence, too, that the husband worked extremely hard at his business and, from the standpoint of the children's welfare, for overlong hours; that he drank frequently and on some occasions to excess; that, although he was a good provider, he seldom showed warmth or affection toward his daughters. Thus, we think that the court was well within its discretion when, after a long and bitter trial and a finding that both parents were suitable for custody, it nevertheless placed the two girls in the custody of the mother. It should not be overlooked that, on the question of fault and custody, the court found only that 'Each of the parties has been guilty of cruel treatment and personal indignities toward the other party rendering life burdensome as a result of association with others of a different sex.' A choice had to be made, and the court's choice was well within the evidence.
The primary judicial concern in matters of child custody is the welfare of the children. In our opinion, the record here did not, as defendant contends, require a finding that the...
To continue reading
Request your trial
-
Marriage of Mahalingam, In re
...prospects of the parents, their earning capacities, and the family unit's predissolution standard of living. Puckett v. Puckett, 76 Wash.2d 703, 458 P.2d 556 (1969). In the instant case, the trial judge, a resident in the county where Washington State University is located, was well aware t......
-
Baker v. Baker
...prospects of the parents, the age and health of the parties, and their standard of living prior to the divorce. Puckett v. Puckett, 76 Wash.2d 703, 458 P.2d 556 (1969). See also: Clark v. Clark, 72 Wash.2d 487, 433 P.2d 687 (1967); Garrett v. Garrett, 67 Wash.2d 646, 409 P.2d 470 (1965). Fu......
-
Marriage of Correia, In re
...99 Wash.2d 913, 915, 665 P.2d 883 (1983) (quoting Childers v. Childers, 89 Wash.2d 592, 598, 575 P.2d 201 (1978)); Puckett v. Puckett, 76 Wash.2d 703, 458 P.2d 556 (1969); Lane v. Lane, 4 Wash.App. 632, 483 P.2d 644 (1971). In determining whether there has been such a substantial change of ......
-
Childers v. Childers
...educational and otherwise) that the child would have been afforded if his parents had stayed together. See Puckett v. Puckett, 76 Wash.2d 703, 458 P.2d 556 (1969). We find no abuse of discretion in the trial court's determination that the Childers' boys were dependents. They lived at home a......