Rea v. Rea
| Decision Date | 15 December 1949 |
| Docket Number | 8 Div. 506. |
| Citation | 43 So.2d 402,253 Ala. 169 |
| Parties | REA v. REA. |
| Court | Alabama Supreme Court |
Bradshaw & Barnett and Elbert B. Haltom, of Florence, for appellant.
Potts & Young, of Florence, for appellee.
The bill is by the wife against her husband seeking a decree of the court awarding her the custody of the two infant sons of the parties to wit Edward Michael Rea, seven years of age who at the time of the filing of the bill and now is in the custody of the respondent, and James Lee Rea, age two years who was and now is in the custody of the complainant, who lives in the home of her father in the Town of Thebes in the State of Illinois.
The bill after making appropriate and sufficient allegations as to the relation of the parties, their ages and residence and the ages and custody of said two infant sons, further alleges (to state the substance of the allegation), that the conduct and treatment by respondent of complainant years prior to their separation was such as to undermine complainant's health; that during the years 1945 and 1946 he was guilty of adultery which caused complainant much mental anguish and suffering. That shortly before complainant ceased to live with him, in a fit of rage he ordered complainant to leave their home in Florence Alabama; that in a fit of rage he broke three keys of the piano on which she was playing and on one occasion requested her to kill him by shooting him with a gun.
That in July 1948 the respondent came to Thebes, Ill., where she and said children were living in the home of her parents and induced complainant to permit Edward Michael to return to Florence with him and live with respondent during vacation period. That respondent immediately filed a petition in the circuit court, in equity, praying that the custody of Edward Michael be awarded to him; that respondent brought said child to Florence to give the Alabama Courts jurisdiction over the custody of said child. That complainant appeared to defend said suit and the respondent dismissed the same without attempting to have it decided on its merits. That complainant That the town in which she resides is well located and a fit place for rearing, caring for and educating said children, with churches and schools of high rating conveniently located in respect to her place of residence. That the home in which she lives is equipped with modern conveniences, with large lawn for play grounds.
That said Edward Michael was born with weak lungs and has since birth required special care and attention which complainant gave him until the respondent took him back to Florence and during the child's stay with her in the home with her she gave him piano lessons. The bill alleges 'that Respondent is not a suitable person to have custody of the two children of Complainant and Respondent. That he is employed in operating a cafe, grocery store, etc., known as the Hangar in Florence Alabama, which said employment requires many hours of work on the part of Respondent; that Respondent's Mother also assists in operating the said Hangar and the said child Edward Michael Rea, is neglected by Respondent, especially during the time when Florence State Teachers College is in session.
'That Respondent does not encourage religious training for the said Edward Michael Rea and has stated to Complainant that he is an atheist.
'That respondent has sufficient real estate and personal property...
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