Stone v. Stone
| Decision Date | 22 July 1968 |
| Docket Number | No. 8546,8546 |
| Citation | 443 P.2d 741,1968 NMSC 116,79 N.M. 351 |
| Parties | Bobby Lea STONE, now Bobby Lea Holley, Plaintiff-Appellant, v. Roy Dumont STONE, Defendant-Appellee. |
| Court | New Mexico Supreme Court |
Reversal is here sought of an order refusing to change the custody of two children. It would serve no useful purpose to detail the facts as proven at the hearing on the petition filed by appellant. It should be sufficient to note that the parties had four adopted children whose custody now has been changed several times since a divorce was granted, the last custody order, dated April 20, 1966, having placed two of them (Wayne and Midge) with the mother-appellant and the other two (Dale and Tim) with the father-appellee. The petition for change of custody was filed in January, 1967, only some eight months after the last order concerning custody and, after a prolonged and complete hearing, the court, among other things, found no substantial change in any material fact relating to the welfare of any of the four children, and that the best interests of the two at issue in the hearing (Dale and Tim) would not be served by changing the custody from the father to the mother. Judgment was entered accordingly, and this appeal followed.
The oft-repeated rule in cases of this type is to the effect that the best interests of the child is the principal consideration in determining custody, as well as in procedures seeking change in custody orders. Kotrola v. Kotrola, 79 N.M. 258, 442 P.2d 570, decided June 17, 1968, together with cases therein cited. However, as noted in Kotrola, the rule applicable in cases seeking a change of custody is to the effect that the trial court has discretion in its determination of custody and that we will not interfere or reverse unless there is no substantial evidence to support the court's findings and conclusions, or there has been a manifest abuse of discretion. Fox v. Doak, 78 N.M. 743, 438 P.2d 153 (1968). Neither is a change of custody permissible except upon showing of a change of circumstances. Fox v. Doak, supra; Kerley v. Kerley, 69 N.M. 291, 366 P.2d 141 (1961). The court having found no change of material circumstances, and that the best interests of the children are served by continuing the custody as previously ordered, and these findings being supported by substantial evidence the order appealed from should not be reversed. We have considered the findings in the light of the proof and even though we might have reached a different conclusion if we were considering the case de novo, we are satisfied that the findings of the court are substantially supported by the evidence. In such situations it would be most disturbing if we should consider ourselves better qualified to arrive at a...
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Woodley v. Woodley
...such as this, we must rely strongly on the judgment and good sense of the [district] judge." Stone v. Stone, 1968-NMSC-116, ¶ 2, 79 N.M. 351, 443 P.2d 741. This Court will not re-weigh the evidence or substitute our judgment for the trier of fact on appeal. Landavazo v. Sanchez, 1990-NMSC-1......
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Fitzsimmons v. Fitzsimmons, 8199
...Because no order, judgment or decree was entered, the oral remarks of the trial court cannot be considered final. Stone v. Stone, 79 N.M. 351, 443 P.2d 741 (1968). In custody modification cases, the inquiry concerns the circumstances, of a material nature, that have changed since the entry ......
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Normand By and Through Normand v. Ray
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