Stinehagen v. Stinehagen
Stinehagen v. Stinehagen
Opinion of the Court
This is a proceeding to modify the provisions of a divorce decree relating to the custody of a minor child of the parties.
The plaintiff, now Marilyn Jones, filed a petition for modification of the divorce decree on August 4, 1965, in which she alleged that the parties were divorced on August 6, 1955. The custody of the minor son, Joseph Scott Stinehagen, was divided between the parties. By the decree of divorce, plaintiff was awarded the custody of the child from April to November of each year and the defendant was awarded his custody from each December to the March following. By mutual agreement the parties permitted the son to remain with his mother during the school year and with his father during the summer months. The mother was awarded $60 per month for the support of the child, which has been paid regularly. Both parties have remarried since the divorce decree was entered.
The parties reside in Lincoln, their homes being about one mile apart. They have had the divided custody of the child in accordance with their mutual understanding. The child has visited his parents almost as he chose. The custody of the child has been harmoniously carried on by the parents and to the best interests of the child, who at the time of the hearing to modify the decree was 11% years of age. The homes of the parties are very satisfactory and the conduct of both parties is exemplary. The existing situation has been for the best interests of the minor son from the standpoint of his physical, educational, and religious welfare, as well as his home environment.
The plaintiff has been employed as secretary to the base commander of the Lincoln Air Force Base at an
The trial court denied the application, and provided that the custody of the minor son should be with the defendant during the school year and with the plaintiff during the summer months if plaintiff should be required to accept employment outside of Lancaster County. The trial court increased the child support from $60 to $80 per month, to which no objection has been made.
The evidence shows that the divided custody of the minor child has worked out very well. Each of the parties has great affection for the child. The court in effect found that the best interests of the child require the continuance of the arrangement, and if the plaintiff is required to leave Lancaster County the decree should be modified to place the custody of the child with the father during the school year and with the mother during the summer months. Whether or not the mother would be required to leave Lancaster County, or where she would go if she did, was not known at the time of the hearing. The court evidently concluded that without this information the effect upon defendant’s rights could not be determined and the right of the mother to take the child from the jurisdiction of the court under such uncertain circumstances is not justified. The question of whether or not a decree of child custody should be modified to permit the removal
Unless a valid reason exists at the time of the hearing for removal of a child from the jurisdiction of the court, the removal should not be' permitted. Otherwise the general policy of keeping the minor child within the court’s jurisdiction is not overcome. See Crandall v. Luhnow, 137 Neb. 13, 288 N. W. 29. We find nothing to indicate that the trial court abused its discretion or acted unreasonably in disposing of the issue as it did. Grothendick v. Grothendick, 175 Neb. 726, 123 N. W. 2d 646. No basis therefore éxists for disturbing the action of the trial court under thé evidence in the record. ■
Affirmed.
Reference
- Full Case Name
- Marilyn Jane Stinehagen v. Gerald Lee Stinehagen
- Status
- Published