(DOWNLOAD) "State Ex Rel. King v. Smith" by Supreme Court of Montana # eBook PDF Kindle ePub Free

eBook details

Title: State Ex Rel. King v. Smith
Author : Supreme Court of Montana
Release Date : January 27, 1934
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

DIVORCE, Decree, Alimony, Custody of Infant Children â€” INFANTS, Custody of, Welfare and Best Interests of Child Paramount â€” PARENT & CHILD â€” JUDGMENTS, Modification of Decree of Divorce as to Custody of Infant. 1. Divorce â€” Decree, when modified. Divorce decree awarding custody of minor child to mother will be modified so as to remove a child of tender years from mother only for the most cogent reasons. 2. Divorce â€” When decree is final. Portion of divorce decree fixing custody of minor children is final upon the conditions then existing, but upon a showing that such conditions have changed, original decree may be modified in respect to custody of children. 3. Infants â€” Custody prime consideration. The primary consideration in awarding custody of minor children is the welfare and best interests of the child. 4. Infants â€” Change of custody, cause. Where custody of a minor child has been decreed by court, there Page 2 may be no change in such custody except where adequate cause therefor arises out of changed conditions. 5. Divorce â€” Presumption of correctness of District Court decision. On appeal from judgment modifying divorce decree with respect to custody of minor child, it must be presumed, in absence of showing to the contrary, that district judge who entered original decree had all the facts before him when he made such decree determining custody of child. 6. Divorce â€” Appeal and Error â€” Effect of different District Judge. On appeal from judgment modifying divorce decree with respect to custody of minor child, reviewing court could not presume that judge who modified divorce decree was acquainted with the facts presented to a different judge who made original decree at time such decree was entered. 7. Divorce â€” Evidence failed to show change of circumstances. On petition by father for modification of divorce decree approximately two years after entry of decree awarding custody of two year old daughter to mother, evidence failed to show any such cogent change in circumstances as would justify taking a child of such tender years from custody of mother.