Lang v. Lang

1977 OK CIV APP 53, 572 P.2d 596, 1977 Okla. Civ. App. LEXIS 167
CourtCourt of Civil Appeals of Oklahoma
DecidedNovember 1, 1977
DocketNo. 50108
StatusPublished

This text of 1977 OK CIV APP 53 (Lang v. Lang) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lang v. Lang, 1977 OK CIV APP 53, 572 P.2d 596, 1977 Okla. Civ. App. LEXIS 167 (Okla. Ct. App. 1977).

Opinion

BRIGHTMIRE, Presiding Judge.

The pawn in this lengthy struggle for custodial supremacy is a little 10-year-old girl born to the parties in 1967 during a marriage which ended in divorce in 1973. Under attack is the trial court’s refusal to grant enforcement relief to the appealing father relating to a child custody order because the order had been validly modified a few days earlier by a California court. We hold the trial court made the right decision and affirm.

I

On March 7, 1973 the Oklahoma court dissolved a marriage that had existed between the parties since May of 1964. After dividing the property the court awarded custody of the minor child, Deborah, to Norma Jean Lang, her mother, and authorized the former FBI agent to visit his child at specific times during the school year and have “summer custody for a period of one month beginning anytime during June, July and the first week of August during the summer of 1973, and each summer thereafter . . .” The decree also provided that “if the [mother] shall reside in a city other than the one resided in by the plaintiff, it shall be incumbent upon the plaintiff to travel to defendant’s residence to secure the minor child and he shall be required to accompany the child on her return to the defendant’s residence at the end of the allotted period.”

Four months later David Lang filed a motion to suspend payment of child support and alimony and to modify the decree. The primary complaint at that time was that defendant had moved to Charleston, South Carolina, and was refusing to permit plaintiff to exercise reasonable visitation with his daughter either in person or by telephone and under these circumstances he felt that the court should modify the existing decree either by awarding custody of the child to her father or by allowing the child to travel by airline unaccompanied by him to his residence for the prescribed visitation or, as a third alternative, by making specific provision for plaintiff to enjoy “uninterrupted telephone visitation rights” with the child.

Before this motion could be heard Norma Jean struck back with an application to the Oklahoma court to cite David for contempt and punish him for failing to transfer to her one-half of all the stock he had received from distribution of the estate of a deceased relative as required by one of the provisions in the decree of divorce, and to the South Carolina court for a modification of the Oklahoma decree to the extent of [598]*598prohibiting Deborah’s removal from South Carolina.

Both of the Oklahoma matters were taken up on the 14th day of September, 1973 and the court modified the divorce decree to the extent of changing David’s child visitation periods and authorizing his daughter to travel between plaintiff’s residence and that of defendant’s unaccompanied by plaintiff commencing with the month of visitation during the summer of 1974. The decree was further modified by giving David reasonable telephone visitation privileges with his daughter and he was ordered to complete the transfer of one-half the stock he had received from the estate of a deceased relative.

On June 18,1974 Norma Jean filed in this case a motion to modify the September 14 order insofar as it authorized the minor child to travel between the residences of plaintiff and defendant unaccompanied by plaintiff. The allegations in the motion indicate that in the meantime mother and child had moved from South Carolina to San Mateo County, California where the mother’s parents lived. As a basis for her motion she attached what purported to be a copy of a “report” of James A. Buckley, M.D. whose letterhead indicated he was a general practitioner in Belmont, California. In it the doctor said simply, “Debbie Lang is showing definite signs of hyperventilation 1 regarding an air flight by herself.” The record does not indicate what disposition was made on this motion.

In March 1976 Norma Jean Lang instituted proceedings in the Superior Court of the State of California to obtain a modification of the Oklahoma divorce decree to the extent of prohibiting Deborah from being removed from California thereby requiring her father to visit her in California. Notice was given David Lang who entered his appearance in the California court through an attorney.

On April 30, 1976 David counterattacked by filing in this case a motion to modify the September 1973 order charging Norma Jean with having a “perverted possessive attitude ... in her parent-child relation with said minor child [which] is causing serious emotional disturbance of said child to the extent that she is developing a marked sensation and preoccupation with death and is experiencing some form of petit mal (epilepsy), that the plaintiff herein has remarried and lives and works in the real estate business in Sapulpa, Oklahoma; that his wife is not presently employed and would be available to care for said minor child and that the best interests of said child in respect to temporal, mental and moral welfare would be to place said child in the permanent custody of the plaintiff.”

The game plan now focused on each party trying to legally outmaneuver the other. The father’s motion was heard and relief was denied on June 25, 1976. Four days later the father wrote the mother the following letter:

“Pursuant to the judgment entered on June 25, 1976, in which Judge Hester ordered that all previous Orders of the trial court (Oklahoma County District Court) effecting [s/c] custody and visitation rights be maintained in full force and effect, I am requesting my Court ordered summer visitation with Debbie to begin on July 15, 1976, and end on August 14, 1976. This visitation will be based around my home in Sapulpa, Oklahoma.
“Accordingly, the following airplane reservations have been made for Debbie: Leave San Francisco International Airport at 8:00 AM, July 15, 1976, by American Airlines flight number 462, arriving at Tulsa, Oklahoma, at 1:57 PM; Leave Tulsa, August 14, 1976, at 3:05 PM by American Airlines flight number 233, ar[599]*599riving at San Francisco at 5:13 PM. The prepaid tickets may be picked up at the American Airlines ticket counter any time after July 2, 1976.
“These dates have been chosen to allow you sufficient time to prepare Debbie for the month. I shall assume that these dates will be acceptable to you unless I hear from you to the contrary on or before July 10, 1976.
“As I understand your plans for this summer, a trip has been planned to visit with my mother in Spokane. If your plans overlap slightly with the above dates, we have a limited amount of flexibility, and I’m sure that should you let us know of a conflict in sufficient time that the dates could be negotiated within the limits of a personal matter, to our mutual satisfaction, and in conformity with the June 25, 1976 judgment. The trial Court ordered and/or awarded summer visitation with the Father, of course, takes precedent over personal visitation with the Father’s mother.”

The father purchased and mailed to the mother an airline ticket on July 1, 1976. The mother refused to send the child to Oklahoma and payment for the tickets was refunded on July 10, 1976, thus laying the foundation for a contempt citation which the father applied for shortly after the date (July 15) passed.

Apparently hoping for an early hearing of her California motion the mother then sought and got a postponement of a hearing on the father’s application until August 16.

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Related

Duncan v. Seay
1976 OK 26 (Supreme Court of Oklahoma, 1976)
Ex Parte Hibler
1929 OK 401 (Supreme Court of Oklahoma, 1929)

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Bluebook (online)
1977 OK CIV APP 53, 572 P.2d 596, 1977 Okla. Civ. App. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-lang-oklacivapp-1977.