Campbell v. Campbell
Campbell v. Campbell
Opinion of the Court
The parties to this proceeding were divorced by a decree dated June 15,1921. Prior to the entry of the decree, they, by written stipulation, agreed that, if a decree should be granted, the court might award the custody of the older of their two sons, James Howard Campbell, Jr., then aged about three years, to the father, and might award the custody of the younger son, Malcolm Robert Campbell, aged about fifteen months, to the mother. This agreement was ratified by the decree, and the children were disposed of accordingly, with the right to each parent to visit the child awarded to the other at all reasonable times, and an allowance of thirty dollars per month to be paid to the mother for the support of the child awarded to her.
In October, 1922, appellant petitioned for a modification of the decree, so as to award to him the custody of both of the children, or, in the alternative, that he
After a full hearing thereon, the trial court so modified the decree as to award the custody of both children to respondent, with the right in the father to visit them, or to have them visit him on Saturday and Sunday of each week. In all other respects the prayers of the petition and cross-petition were denied. From that order, this appeal was taken.
At the hearing below, each party appeared with a host of witnesses, and each made what appears on paper to be a perfect case — perfection upon his or her own part, and a most appalling lack of perfection upon the part of the other. No human mind can, from the written record, reach a conclusion, with any feeling of confidence, that the truth has been arrived at. Only an omnipotent mind can do that.
Appellant advances two lines of argument here: first, that the evidence shows that respondent was so eager to obtain a divorce that she willingly agreed that her husband should have the older child, in order to avoid a conflict which might have been fatal to her case, and she should, therefore, be held to her bargain. The answer to this is two-fold. We are not satisfied that the evidence shows this mother to have so bargained away her child, and even if that were true, we are not now so much concerned about her wishes as we are about the future welfare of the child.
Second, it is contended that respondent has failed to show a change in conditions since the entry of the
Reference
- Full Case Name
- Cecil Verna Campbell v. James Howard Campbell
- Status
- Published