Van Buren v. Van Buren

Michigan Supreme Court

Van Buren v. Van Buren

227 Mich. 131

CourtMichigan Supreme Court

DecidedMay 8, 1924

DocketDocket No. 51

StatusPublished

This text of 227 Mich. 131 (Van Buren v. Van Buren) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Buren v. Van Buren, 227 Mich. 131 (Mich. 1924).

Pincite

Opinion

Fellows, J.

In the court below a decree of divorce was granted defendant on his cross-bill on the grounds of adultery committed by the plaintiff. Plaintiff was given the custody of the daughter of the parties then less than seven years old. Defendant seeks on this appeal modification of the decree with reference to the custody of the child. The testimony establishes the charge .of adultery beyond question. We shall not detail the testimony of plaintiff’s numerous escapades. On some of them she took the little girl with her. The record is convincing that she is totally unfit to [132]*132have the custody of the child. By her conduct she has forfeited any claim a mother may have to rear her offspring.

The decree will be modified by giving to defendant the custody of the daughter and, as so modified, will be affirmed without costs.

Clark, C. J., and McDonald, Sharpe, Steere, and Wiest, JJ., concurred with Fellows, J. Bird and Moore, JJ., concurred in the result.

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Fellows, J.

In the court below a decree of divorce was granted defendant on his cross-bill on the grounds of adultery committed by the plaintiff. Plaintiff was given the custody of the daughter of the parties then less than seven years old. Defendant seeks on this appeal modification of the decree with reference to the custody of the child. The testimony establishes the charge .of adultery beyond question. We shall not detail the testimony of plaintiff’s numerous escapades. On some of them she took the little girl with her. The record is convincing that she is totally unfit to [132]*132have the custody of the child. By her conduct she has forfeited any claim a mother may have to rear her offspring.

The decree will be modified by giving to defendant the custody of the daughter and, as so modified, will be affirmed without costs.

Clark, C. J., and McDonald, Sharpe, Steere, and Wiest, JJ., concurred with Fellows, J. Bird and Moore, JJ., concurred in the result.

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Bluebook (online)

227 Mich. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-buren-v-van-buren-mich-1924.