In Re Marriage of Urband

California Court of Appeal

In Re Marriage of Urband

68 Cal. App. 3d 796, 137 Cal. Rptr. 433, 1977 Cal. App. LEXIS 1365

CourtCalifornia Court of Appeal

DecidedMarch 8, 1977

DocketCiv. 39717

StatusPublished

Cited by8 cases

This text of 68 Cal. App. 3d 796 (In Re Marriage of Urband) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Marriage of Urband, 68 Cal. App. 3d 796, 137 Cal. Rptr. 433, 1977 Cal. App. LEXIS 1365 (Cal. Ct. App. 1977).

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Opinion

THE COURT. *

Richard A. Ur band appeals from that part of a decree of marital dissolution which awarded to Suzan E. Urband custody of the parties’ nine-year-old daughter and three-year-old son.

Richard contends that the custody award was an abuse of discretion; the argument is that Suzan’s religious belief as a member of the Jehovah’s Witnesses sect render her unfit to have custody. Specifically, it is complained that she would not consent to a blood transfusion if some future hypothetical accident or illness created a medical necessity for such treatment, that she would not permit the children to participate *798 in competitive sports, and that she would not permit them to participate conventionally in certain holidays. This contention cannot be sustained. There was uncontradicted evidence that Suzan is a devoted mother. There was no compelling evidence that her religious beliefs and observances would be harmful to the children. The report of the probation officer recommended that the children be placed with her. The determination of child custody rests with the discretion of the trial court; such an exercise of discretion is not to be disturbed on appeal in the absence of a showing of abuse. (Holsinger v. Holsinger (1955) 44 Cal.2d 132, 135 [279 P.2d 961]; also see Cory v. Cory (1945) 70 Cal.App.2d 563 [161 P.2d 385].)

The judgment is affirmed.

*

Before Caldecott, P. J., Christian, J., and Emerson, J. †

†

Retired judge of the superior court sitting under assignment by the Chairman of the Judicial Council.

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Opinion

THE COURT. *

Richard A. Ur band appeals from that part of a decree of marital dissolution which awarded to Suzan E. Urband custody of the parties’ nine-year-old daughter and three-year-old son.

Richard contends that the custody award was an abuse of discretion; the argument is that Suzan’s religious belief as a member of the Jehovah’s Witnesses sect render her unfit to have custody. Specifically, it is complained that she would not consent to a blood transfusion if some future hypothetical accident or illness created a medical necessity for such treatment, that she would not permit the children to participate *798 in competitive sports, and that she would not permit them to participate conventionally in certain holidays. This contention cannot be sustained. There was uncontradicted evidence that Suzan is a devoted mother. There was no compelling evidence that her religious beliefs and observances would be harmful to the children. The report of the probation officer recommended that the children be placed with her. The determination of child custody rests with the discretion of the trial court; such an exercise of discretion is not to be disturbed on appeal in the absence of a showing of abuse. (Holsinger v. Holsinger (1955) 44 Cal.2d 132, 135 [279 P.2d 961]; also see Cory v. Cory (1945) 70 Cal.App.2d 563 [161 P.2d 385].)

The judgment is affirmed.

*

Before Caldecott, P. J., Christian, J., and Emerson, J. †

†

Retired judge of the superior court sitting under assignment by the Chairman of the Judicial Council.

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68 Cal. App. 3d 796, 137 Cal. Rptr. 433, 1977 Cal. App. LEXIS 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-urband-calctapp-1977.

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