Turner v. Turner, 42447
| Decision Date | 11 December 1979 |
| Docket Number | No. 42447,42447 |
| Citation | 286 N.W.2d 100,205 Neb. 6 |
| Court | Nebraska Supreme Court |
| Parties | Linda K. TURNER, Appellant, v. Steve W. TURNER, Appellee. |
Syllabus by the Court
1. Divorce: Parent and Child: Minors. In determining the question of who should have the care and custody of a child upon the dissolution of a marriage, the paramount consideration must be the best interests and welfare of the child.
2. Divorce: Parent and Child: Minors: Appeal and Error. The discretion of the trial court on the granting or changing of custody of minor children is subject to review. However, the determination of the court will not ordinarily be disturbed unless there is a clear abuse of discretion or it is clearly against the weight of the evidence.
E. H. Powell, Aurora, for appellant.
Mousel & Burger, P. C., McCook, for appellee.
Heard before BOSLAUGH, CLINTON, and McCOWN, JJ., and COLWELL and L. W. KELLY, Jr., District Judges.
Petitioner, Linda K. Turner, appeals from a decree of dissolution claiming as error an abuse of discretion by the trial court and the awarding of custody of Craig, age 4, to respondent father, Steve W. Turner.
The parties were married in 1972; petitioner has two children by a prior marriage; and they lived in New Mexico and Colorado prior to moving to Bartley, Nebraska, in March 1977. Linda first filed a petition for separation, and by stipulation temporary custody was awarded to Linda on July 1, 1977. In November 1977, Linda moved with her three children to her present residence at Giltner, Nebraska, some 150 miles distant. Upon application of Steve and following a hearing, the temporary custody order was modified on December 22, 1977, awarding custody of Craig to Steve. On May 9, 1978, upon motion of Steve, Linda's petition was amended praying for a dissolution of marriage, custody of Craig, and other relief. The issues were joined and upon trial on August 28, 1978, a decree of dissolution was entered awarding custody of Craig to Steve. We affirm.
During the marriage both parties were employed, each contributing their earnings and resources to the marriage. Steve has been employed full time as a custodian and bus driver by the Bartley public schools since the summer of 1977. In September 1977, Linda began training as an over-the-road truck driver, and since December 1977, she has been so employed full time, generally traveling to the West Coast and return. Her employment takes her away from Giltner from 5 to 7 days at a time, and upon return from each trip she usually has free time from 3 to 7 days. While she is away from Giltner her children are under the care of a Giltner family having other young children in the home.
In determining the question of who should have the care and custody of a child upon the dissolution of a marriage, the paramount consideration must be the best interests and welfare of the child. * * * Usually the trial court is in the best position to make this determination.
Our law is clear. The discretion of the trial court on the...
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