Raven v. Cecil, 19834
| Decision Date | 05 June 1974 |
| Docket Number | No. 19834,19834 |
| Citation | 262 S.C. 509,205 S.E.2d 837 |
| Court | South Carolina Supreme Court |
| Parties | Cheryl G. RAVEN, Respondent, v. Phillip Schuyler CECIL, III, Appellant. |
Thomas W. Whiteside, of Whiteside, Smith & Taylor, Spartanburg, for appellant.
James R. Turner, Spartanburg, for respondent.
This is a dispute between divorced parents, both now remarried, over the custody of their infant son.
The respondent-wife was granted a divorce from the appellant-husband on December 18, 1969. The divorce was not contested and the decree contained a consent provision awarding custody of the child to the husband with reasonable visitation privileges to the mother. The child was two (2) years of age at the time.
It is inferable that neither the father nor the mother were able to take care of the child when they separated. In any event, it is undisputed that, although custody was formally awarded to the father, the child actually lived with the paternal grandparents from the time of the award of custody to the father until his remarriage on August 12, 1972. After the remarriage of the father, the child lived with the father and stepmother until the institution of these proceedings.
The mother remarried on September 10, 1970 and resides with her husband at Gaffney, South Carolina. After the father remarried, conditions developed which resulted in the institution of these proceedings by the mother in March 1973 to obtain custody of the child. The matter was heard by the Family Court in April 1973. Thereafter, more liberal visitation was allowed with the mother. This resulted in the issuance of an order on August 1, 1973 permitting an extended visitation of the child with the mother until August 15, 1973, at which time the court stated a final decision on the issue of custody would be made.
After the foregoing extended visit, the court issued an order on August 15, 1973, in which it was stated: 'It appears that the child has gotten along well during this time in the home of his mother and after considering all facts presented the court believes the child should remain with his mother at this time.' The order granted custody of the child to the mother, with liberal visitation privileges to the father. The child was six (6) at the time and is now seven (7) years of age. This appeal is from the above order.
We have long recognized the general rule that a child custody decree is not final, but is subject to modification or change upon the showing of a material change in conditions affecting the welfare of the child. Smith v. Smith, 261 S.C. 81, 198 S.E.2d 271.
The father contends that there was no showing of a change in conditions which would justify modifying the previous order so as to grant custody to the mother.
The record sustains the action of the lower court. There has been substantial changes in the conditions affecting the child's custody....
To continue reading
Request your trial
-
Hogge v. Hogge
...of Marriage of Greisamer, 276 Or. 397, 555 P.2d 28 (1976); Goldstein v. Goldstein, 115 R.I. 152, 341 A.2d 51 (1975); Raven v. Cecil, 262 S.C. 509, 205 S.E.2d 837 (1974); Masek v. Masek, 90 S.D. 1, 237 N.W.2d 432 (1976); Gokey v. Gokey, 127 Vt. 334, 248 A.2d 738 (1968). Accordingly, we hold ......
-
Doyle v. Doyle
...Marriage of Remillard, 30 Or.App. 1111, 569 P.2d 651 (1977); Goldstein v. Goldstein, 115 R.I. 152, 341 A.2d 51 (1975); Raven v. Cecil, 262 S.C. 509, 205 S.E.2d 837 (1974); Masek v. Masek, 90 S.D. 1, 237 N.W.2d 432 (1976); Gokey v. Gokey, 127 Vt. 334, 248 A.2d 738 (1968)). As far as we can t......
-
Bolding v. Bolding, 21734
...... it is sufficient if there is a showing of such change of circumstances as affects the welfare of a child." Raven v. Cecil, 262 S.C. 509 at 513, 205 S.E.2d 837 (1974). Thus the only issue before us here is whether there has been a change of circumstances which would affect the welfare of......