Arizona Court of Appeals, 1972

Maher v. Maher

Maher v. Maher
Arizona Court of Appeals · Decided March 30, 1972
17 Ariz. App. 22; 495 P.2d 147; 1972 Ariz. App. LEXIS 604

Maher v. Maher

Opinion of the Court

PER CURIAM.

This appeal requires that we consider the single question, whether the trial court erred in granting custody of the parties’' minor children, ages 4 and 7, to their mother. The sole basis for the alleged error is. that there is evidence showing that the-mother is unfit. We have considered the-entire record.

Viewing the evidence, as we must, in the-light most favorable to supporting the decree, we find that there is ample evidence-demonstrating that the mother was a fit and proper person to have custody. The record shows that she was a regular church-, goer and president of her Sunday school class. It further reveals that she is a good homemaker and is described as a “very good mother.” The children appear to be well-adjusted and in good circumstances in her custody.

We will not disturb the judgment on appeal unless it clearly appears that the - discretion of the trial court has been abused. Andro v. Andro, 97 Ariz. 302, 400 P.2d 105 (1965), rehearing denied, 98 Ariz. *231, 401 P.2d 404 (1965); Ward v. Ward, 91 Ariz. 296, 371 P.2d 1022 (1962); Wackerman v. Wackerman, 16 Ariz.App. 382, 493 P.2d 928 (1 CA-CIV 1532, filed February 16, 1972). The record demonstrates ample evidence to support the judgment of the trial court, which we affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.