Kimball v. Kimball

District Court of Appeal of Florida

Kimball v. Kimball

186 So. 2d 550, 1966 Fla. App. LEXIS 5384

CourtDistrict Court of Appeal of Florida

DecidedMay 24, 1966

DocketNo. 482

StatusPublished

This text of 186 So. 2d 550 (Kimball v. Kimball) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimball v. Kimball, 186 So. 2d 550, 1966 Fla. App. LEXIS 5384 (Fla. Ct. App. 1966).

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Opinion

ANDREWS, Judge.

Lillian Kimball, defendant in a divorce proceeding brought by James Kimball, appeals a post-decretal order denying request for change of custody of two children born of the marriage.

The husband brought the divorce proceedings in which the custody of the four sons of the marriage was awarded to the husband because of the apparent inability of the mother to properly provide for them. More than a year after the divorce and after the remarriage of the husband'the wife sought to obtain custody of the two younger sons. The court heard extensive testimony to the effect that the wife had rehabilitated herself and as to the home conditions of the children in the custody of the father and their stepmother. The mother has right of visitation at reasonably frequent intervals.

The chancellor carefully considered the circumstances of the parties and reached the conclusion that, although the court had the authority to change custody, the changed conditions and circumstances were not such as to justify a change in custody of the two [551]*551sons. Under such circumstances this court will not overrule the determination of the chancellor. Martens v. State ex rel. Gross-man, Fla.App.1958, 100 So.2d 440.

Affirmed.

SMITH, C. J., and WALDEN, J., concur.

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ANDREWS, Judge.

Lillian Kimball, defendant in a divorce proceeding brought by James Kimball, appeals a post-decretal order denying request for change of custody of two children born of the marriage.

The husband brought the divorce proceedings in which the custody of the four sons of the marriage was awarded to the husband because of the apparent inability of the mother to properly provide for them. More than a year after the divorce and after the remarriage of the husband'the wife sought to obtain custody of the two younger sons. The court heard extensive testimony to the effect that the wife had rehabilitated herself and as to the home conditions of the children in the custody of the father and their stepmother. The mother has right of visitation at reasonably frequent intervals.

The chancellor carefully considered the circumstances of the parties and reached the conclusion that, although the court had the authority to change custody, the changed conditions and circumstances were not such as to justify a change in custody of the two [551]*551sons. Under such circumstances this court will not overrule the determination of the chancellor. Martens v. State ex rel. Gross-man, Fla.App.1958, 100 So.2d 440.

Affirmed.

SMITH, C. J., and WALDEN, J., concur.

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186 So. 2d 550, 1966 Fla. App. LEXIS 5384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-kimball-fladistctapp-1966.

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