In re the Dissolution of the Marriage of Munyon
In re the Dissolution of the Marriage of Munyon
Opinion of the Court
Wife has appealed from a decree of dissolution of a marriage which produced five children, ages 14 to 10. The only alleged error is that the custody of the children should have been awarded to the wife instead of the husband.
“I must say that in a case of this kind these children are luckier than many children we see, because both parents show that they are substantially interested in their welfare.
“I don’t intend to indicate that the mother is not capable of adequately taking care of the children. She certainly is. It just seems to me from the evidence I have heard here today that the welfare of the children is best met by their custody being awarded to the father.
“I remind counsel, of course, and the parties, that our statute provides ‘in determining the custody, the Court shall consider the best interests of the child and the past conduct and the demonstrated moral standards of each of the parents. No preference in custody shall be given to the mother over the father for the sole reason that she is the mother.’ [OES 107.105(1)(a).] In other words, I have to consider both of the parties equal.
“I am satisfied that the best interests of the children, at this time, at least, [is] to have their custody awarded to their father.”
The principal argument made by the wife is with reference to certain irrational acts she alleges against her husband. Principal among these is that on one occasion, shortly before the family breakup when she and husband were arguing in the presence of the children, husband choked her. The two oldest
This court has read the transcript of the two oldest children’s testimony which the parties did not hear. We have noted therein significant passages which undoubtedly contributed much to the decision the trial court made. They lead us to the same decision. We see no purpose in speaking of them at any greater length here. Nevertheless, the parties should know that, despite the significance attached to their testimony, there was nothing said by either of the children which is cause for either of the parents to feel any worse about what was said concerning themselves and the dissolution proceeding than that which they did hear in the courtroom.
Affirmed. Costs to neither party.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.