Crow v. Crow
Crow v. Crow
Opinion of the Court
Appeal by plaintiff-appellant-husband from a decree entered in a separate maintenance suit which
The plaintiff’s primary basis of appeal involves alleged immoral conduct upon the part of defendant. There is evidence tending to support this contention. By reason thereof we are told the children’s well-being has and will be injuriously affected and we should reverse the trial court. This is the basic issue here to be determined. There is sufficient conflict in the testimony to warrant a conclusion that the trial court was in a far better position than we to weigh this testimony. In this instance, however, opinions expressed and comments made by the trial court deprive this record of that high degree of judicial restraint and fairness which prompts an appellate court to respect the trial court’s judgment.
Our prime concern now, of course, is the wel
There is another factor which merits consideration and has direct bearing upon the welfare of the children and the manner of their anticipated care.
Defendant testified that if she were awarded custody she would remove all the children to the home of her parents in Texas. These children, and the defendant, have lived in the home of these grandparents on other occasion. The evidence discloses that this home contains but four rooms, including two bedrooms. In addition to the grandparents, four other children reside in this home. Such living conditions do not require comment. Defendant testifield that she would rent another house, however, and live separate from her family. It is difficult for us to accept this. There is no showing of financial ability or determination to accomplish any such desirable end. Other evidence causes us to have some doubt as to the veracity of defendant. We deem all of these factors to be highly detrimental to the best interest of the children. On the other hand there is evidence which supports a belief that the present care of the children by plaintiff is adequate.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.