Rickard v. Rickard

503 P.2d 763, 7 Wash. App. 907, 1972 Wash. App. LEXIS 1067
CourtCourt of Appeals of Washington
DecidedNovember 28, 1972
Docket761-2
StatusPublished
Cited by5 cases

This text of 503 P.2d 763 (Rickard v. Rickard) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rickard v. Rickard, 503 P.2d 763, 7 Wash. App. 907, 1972 Wash. App. LEXIS 1067 (Wash. Ct. App. 1972).

Opinion

Armstrong, J.

The sole issue in this appeal is whether the welfare of two children, aged 6 and 9, would be served by alternating their custody between their father and mother on an annual basis on January 1st of each year. The plaintiff wife contends that the ¡trial court abused its discretion in making this custody determination. We agree.

The parties agreed upon a disposition of the property and $400 per month child support while the children were with *908 their mother. The court granted visitation rights to the noncustodial parent of 6 weeks’ visitation in the summertime, every other weekend from Friday evening until Sunday evening, plus one afternoon and evening per week. The court held that both the father 'and mother are fit parents and that “both parents are quite competent to care for the children in all respects.” Each parent had sought sole custody of the children with visitation rights accorded to the other.

A review of the record reveals that both parents have master’s degrees. The father is a forest economist and earns approximately $30,000 per year. His work takes him out of town approximately 3 days each week. The mother is a talented musician; she teaches music at a university on a part-time basis, conducts private music lessons and plays the organ at various churches. She earns approximately $3,500 per year.

The record discloses that each parent has deep love and concern for the children and the children love and respect each of their parents. A strong hostility has developed between the father and mother. Each of them is characterized in the record as a highly intelligent and strong-willed person. They have markedly different points of view on rearing children. The trial court is obviously correct in concluding that either parent would be quite competent to care for the children in all respects. In awarding divided custody on an alternating basis the court observed, “My sincere hope is that this will afford the children and both of the parties a chance to know one another.”

The parties have lived in Milton, Washington. When the parents have been employed, or away from home for other reasons, the children were cared for by a lady who conducts a licensed day-care nursery. In the past 5% years she has become well acquainted with the children and the parents and is favorably impressed with them.

Both parents have engaged in family group activities with the children. The father accompanies the children in *909 many outdoor activities such as hiking, skiing, fishing and games. In detailing his proposed plans for the children if granted custody, he stated that he would engage a housekeeper. He suggested an aunt in her late sixties whom he has not seen in several years. He stated they would attend Edgemont school. The mother lives in the family home in Milton and the father lives on a farm in nearby Edgewood. The two homes are in different school districts. We are invited to speculate that they could continue to attend school in Milton while they live outside that school district. We decline to speculate.

To summarize the effect of the alternating custody we see that each January 1st the children would shift homes and methods of training, discipline and control. Each year they would be required to seek a new circle of friends or revive friendships of the prior year. Each year they would probably have to adjust to a different school curriculum. They would be assured of a loving and concerned parent with each change, but they would be deprived of a continuity of consistent parental counsel, direction and control.

The father’s brief relies upon several Washington cases. Although it is necessary to decide each case upon its own facts, we will briefly differentiate between this case and the cited Washington authority. Brock v. Brock, 123 Wash. 450, 212 P. 550 (1923) is strongly relied upon for its reference to divided control of children. It is not in point because in that case the court approved a modified divorce decree awarding primary custody to the mother and giving the divorced father visitation rights on Saturday and Sunday every other week and a 2-weeks’ visitation in the summer— clearly a reasonable award of custody. Ramsden v. Ramsden, 32 Wn.2d 603, 202 P.2d 920 (1949) is not in point because in the initial divorce action both parties represented to the court that the welfare of their child would be best served by alternating custody between the parents. The Supreme Court held in Ramsden that it was not an abuse of discretion to deny the mother custody in a petition *910 to modify the decree many years later when there was no change in circumstances other than her remarriage, which was a foreseeable event when she originally agreed to the alternating custody. Pressey v. Pressey, 184 Wash. 191, 50 P.2d 891 (1935) approved a divided custody award where the mother’s dulled sensibilities convinced the trial court that the welfare of the child would be best served by granting the father joint control. In Pressey the trial court found that neither parent was fit to have the full custody and care of the child. In Reynolds v. Reynolds, 45 Wn.2d 394, 275 P.2d 421 (1954) the trial court found both parents to be fit and proper persons to have custody of the children. In that ease the Supreme Court approved an award of primary custody to the mother, and the father was awarded custody for 2 months in the summer. Obviously none of these cases is controlling authority in the case before us.

The problems of divided custody are summarized in H. Clark, Law of Domestic Relations § 17.4(g) (1968) at 590:

Although authority can be found for the proposition that divided custody is generally to be avoided, it seems preferable to decide the question by reference to the consequences for the child in each case. The danger for the child is that shuttling between parents and divided control will cause him to feel insecure or confused. There is also the risk that each parent will use his own period of custody to destroy the child’s affection for the other parent. On the other hand it is highly desirable for the child to know and have affection for both parents. And the natural desire of the parent to have more than momentary contact with his child must not be overlooked. Notwithstanding the conflicting arguments, it is common to give the mother general custody, but to provide that the father have the child on weekends and during school vacations.

(Footnotes omitted.)

It is well established that in child custody proceedings the paramount and controlling consideration is the welfare of the children. The individual interests of the parents to the custody of their children are subsidiary to that consideration. In determining the welfare of children *911 the trial court’s findings will be accepted as verities on appeal, unless there is no substantial evidence to support them. In re Palmer,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Z. U. E.
Washington Supreme Court, 2015
In Re the Marriage of Jacobson
954 P.2d 297 (Court of Appeals of Washington, 1998)
In Re the Marriage of Little
614 P.2d 240 (Court of Appeals of Washington, 1980)
In Re Marriage of Burham
283 N.W.2d 269 (Supreme Court of Iowa, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
503 P.2d 763, 7 Wash. App. 907, 1972 Wash. App. LEXIS 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rickard-v-rickard-washctapp-1972.