Adams v. Adams

456 P.2d 757, 93 Idaho 113, 1969 Ida. LEXIS 269
CourtIdaho Supreme Court
DecidedJuly 3, 1969
Docket10275
StatusPublished
Cited by18 cases

This text of 456 P.2d 757 (Adams v. Adams) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Adams, 456 P.2d 757, 93 Idaho 113, 1969 Ida. LEXIS 269 (Idaho 1969).

Opinions

McQUADE, Justice.

Vicky L. Adams and Donald L. Adams were married at Lewiston, Idaho, on August 29, 1959. One child, Michele, was born of this marriage, and she is now approximately seven years old. On July 26, 1965, Mrs. Adams brought an action against her husband for divorce, and on September 9, 1965, a default divorce decree was entered on the grounds of extreme cruelty. This decree: (1) awarded custody of the child, Michele Adams, to Mrs. Adams, subject to Mr. Adams’ reasonable visitation rights; (2) ordered Mr. Adams to pay $50 per month on the tenth of each month as support for the child during her minority; (3) awarded Mrs. Adams as her separate property: (a) the equity in the Lewiston home, (b) the household fixtures and appliances with their indebtedness to be assumed by Mr. Adams, and (c) the family car with its indebtedness of $850 to be assumed by Mr. Adams; (4) ordered Mr. Adams to maintain his two existing life insurance policies and to make his child, Michele, the beneficiary of each; (5) ordered Mr. Adams to pay Mrs. Adams’ attorney fees of $40.

After the divorce, Mrs. Adams was remarried to a Mr. David Bishop, a structural engineer, and they now live with Mrs. Adams’ child, Michele, in Spokane, Washington. It appears that the child, Michele, as well as having begun school in Spokane, has become interested in various organized summer recreational activities in Spokane such as swimming. Mr. Adams, on the other hand, remarried in September of 1966 and was again divorced in November of 1966. After a sojourn in California, Mr. Adams was married to his present wife in April of 1967. They now live with one child of their own and two children of the present Mrs. Adams’ former marriage in a house trailer in Kent, Washington, near Seattle. Mr. Adams is the manager of a mobile home business there.

On February 16, 1968, Mr. Adams petitioned the court for a modification of the divorce decree on the grounds that the former Mrs. Adams had refused to allow the exercise of visitation rights and had maligned Mr. Adams in the child’s presence. Mr. Adams asked for transfer of the custody of the child to himself or, alternatively, for redefinition of visitation rights to include visitation at all reasonable times and having the child with him for one-half the summer and on alternate holidays.

The hearing before the court in April of 1968 tended to show the following facts. Directly after the parties’ separation, Mr. Adams saw his child about three times a week. After the divorce he saw her every Sunday until both parties left Lewiston. He saw the child for Thanksgiving of 1966 (at the time when Mr. Adams’ second wife was not living with him and was instituting the second divorce), for ten days in July of [115]*1151967, and in October, November and December of 1967. In short, Mr. Adams saw his child on each time he requested to see her, except on one occasion when he wanted the child to come to California for a week while he was working and where his mother would take care of the child.

On the other hand, Mr. Adams admitted that he was consistently late in making his support payments, once having been as much as six months behind. He failed to pay the indebtedness on the car and consequently the car was repossessed. Though not mentioned specifically in the divorce decree, Mr. Adams paid $576.66 on the Title I loan on the house and then refused to pay further, causing Mrs. Adams to pay $500 and leaving an unpaid balance of about $450.

These failures to meet his obligations caused Mrs. Adams to demand support payments before she would allow Mr. Adams to visit the child on several occasions. Mr. Adams provided very little substantiation of the allegation that Mrs. Adams maligned him in the presence of the child, and Mrs. Adams consistently denied doing so. Mr. Adams said that Mrs. Adams refused to let him talk to the child on the phone on one occasion, but this was controverted by Mrs. Adams’ statement that she told him the child was swimming, and Mr. Adams did reach the child when he called back. Moreover, on one occasion Mr. Adams kept the child so long on a weekend in Kent, Washington, that the child was required to travel alone on a plane to Spokane which arrived at 2:30 a. m. in order to be able to attend school the next Monday. Mr. Adams admitted that Mrs. Adams was providing an excellent home for the child and was an excellent mother. On this evidence, the court concluded that there was only a small amount of hearsay that Mrs. Adams maligned Mr. Adams in the presence of the child, and that on the whole record there certainly was insufficient evidence to deprive her of custody of her daughter.

The court therefore issued the following order: (1) that the former Mrs. Adams was not in contempt of the visitation order contained in the divorce decree; (2) that Mr. Adams’ petition for transfer of custody of the child to him be denied; (3) that Mr. Adams’ petition for custody of the child for one-half the summer be denied; (4) Mrs. Adams’ petition for an increase in child support payments be denied ; (5) that Mr. Adams pay Mrs. Adams’ counsel $250 attorney fees as well as the $40 still owing from the divorce decree; (6) that Mr. Adams pay Mrs. Adams the stipulated value of the repossessed car, or $850; (7) that Mr. Adams pay Mrs, Adams the $500 she was compelled to pay on the Title I loan and also pay the $450 balance; (8) that, as to visitation, Mr. Adams be allowed to have his child at his home on July 3-7, 1968, and December 27-30, 1968, and thereafter, conditional upon his maintaining a stable home, he have the child on July 1-15 of every year until further order of the court and for four days at Thanksgiving and Christmas, alternately each year, as well as reasonable non-overnight visits after advance notice in the city of Spokane. Mr. Adams has appealed.

Although appellant Mr. Adams was represented by counsel at the modification hearing, the district court granted counsel’s motion to withdraw as counsel on appeal for “good cause.” Mr. Adams appeared pro se, and thus his assignments of error are considered substantially rather than formally.

Appellant Mr. Adams first argues that the trial judge should have disqualified himself from hearing the modification petition because he was a personal friend of Mrs. Adams. We are unable to find any merit in this contention because there is not a shred of evidence in the record to indicate that the trial judge was a personal friend of Mrs. Adams or anything less than completely impartial in his disposition of the proceedings below.

Appellant next argues that the court erred in allowing Mrs. Adams to retain custody of her daughter, Michele, and in refusing to permit Mr. Adams to have [116]*116the child with him for a longer portion of every year. In this respect, I.C. § 32-705 provides:

“Custody of children. — In an action for divorce the court may, before or after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same.”

It has been often recognized that this provision commits questions of child custody to the sound legal discretion of the trial court, whose decisions will not be reversed except for abuse.1 This rule applies as well to decisions granting or denying modification of child custody decrees.2 The paramount consideration in every determination is the best interests of the children.3

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Cite This Page — Counsel Stack

Bluebook (online)
456 P.2d 757, 93 Idaho 113, 1969 Ida. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-adams-idaho-1969.