Spratt v. Spratt
| Decision Date | 09 December 1921 |
| Docket Number | 22,518,22,530,22,738 |
| Citation | 185 N.W. 509,151 Minn. 458 |
| Parties | ETHEL ELIZABETH SPRATT v. CHARLES N. SPRATT |
| Court | Minnesota Supreme Court |
Petition on Rehearing Filed March 17, 1922
Action in the district court for Hennepin county for separation from bed and board, for alimony and for custody of the five children. The decree gave defendant an absolute divorce and the custody of four of the minor children, while the custody of Louis Gordon was awarded to plaintiff on condition, and both parents were granted the right to visit their children. Three years later plaintiff's motion for an amendment to the decree, so as to give her the permanent custody of the four minor children awarded to defendant, and direct him to pay her a suitable sum each month for the support of the children and a suitable sum for attorneys' fees and expenses in prosecuting the action and the motion, was heard by Dickinson, J., who so far granted the motion as to give plaintiff for the school vacations three of the children put in the care of defendant, and to give defendant for the same time the custody of Louis Gordon, and to provide that the children should spend their Saturdays, Sundays and holidays equally between the parents, and granted an allowance of $900 per annum for the vacation expenses of the children, or so much as should be actually necessary, and an allowance of $500 attorneys' fees. From portions of the order granting the motion in part, defendant appealed. Plaintiff having caused judgment to be entered on June 21, 1921, on the order for judgment, defendant appealed from certain portions of the judgment. Thereafter plaintiff appealed from the entire judgment entered on June 22, 1921. Defendant's motion to dismiss plaintiff's appeal was denied in the
Custody of child -- court not bound by agreement of divorced parents.
A written agreement as to the custody of a child is not binding on the court, when the best interests of the child require a different arrangement. [Reporter.]
March 17, 1922.
Divorce -- modification of decree.
1. The remarriage of a divorced man and an improvement in the health of his former wife are such changes in the circumstances and conditions of the parties as will justify a modification of the provisions of a judgment of divorce respecting the care and custody of minor children.
Right of parents to custody of children equal.
2. The father and mother are the natural guardians of the minor children, and, if not unsuitable, are equally entitled to their custody.
Decision of trial court sustained on appeal except when discretion of court is abused.
3. The disposition of the custody of children, made by a trial court in a divorce case, will not be reversed on appeal, except for an abuse of the broad discretion with which the court is invested.
Allowance for maintenance of children proper.
4. An allowance to the plaintiff in such a case to cover the expenses of caring for her children while temporarily residing with her may properly be made.
Allowance for counsel fees proper.
5. An allowance to her for counsel fees may be made in proceedings for a modification of the judgment respecting the custody of the children.
Admission of evidence not...
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