[Download] "Jewett v. Jewett" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Jewett v. Jewett
- Author : Supreme Court of Montana
- Release Date : January 29, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Divorce ? Parent and Child ? Awarding Custody of Minor Children ? Discretion ? Modification of Decree ? Power of Trial Court. Divorce ? Decree Awarding Custody of Minors Subject to Modification. 1. While a decree fixing the custody of minor children in a divorce proceeding is final upon the conditions then existing, the court may modify it upon a showing that the then conditions have changed, the welfare of the children being the paramount consideration. Same ? Custody of Minors ? Discretion. 2. The district judge who hears the testimony in a divorce suit in which the custody of minor children is involved has a superior advantage in determining the controversy, and therefore his decision will not be disturbed on appeal except upon a clear showing of abuse of the discretion lodged in him. Same ? Custody of Minors ? Changed Condition of Parties ? Modification of Decree ? When Proper. 3. Where by the decree in a divorce suit defendant husband had been awarded the custody of two children of tender age, the court finding inter alia that both parties were proper persons to have their custody, and later the father lost his position necessitating his removal from the state in search of employment, the court was justified in modifying the decree by awarding the custody of the minors to the mother who had remarried in the meantime and was able to furnish them a comfortable home.