Graviess v. Graviess

Citations

• 18 Ohio C.C. Dec. 26
• 7 Ohio C.C. (n.s.) 135
• 1905 Ohio Misc. LEXIS 437

Syllabus

<p>DIVORCE — COURTS—PARENT AND CHILD.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Reviewing Court will not Disturb Order as to Custody of Children Except for Grave Mistake or Abuse of Discretion.</p> <p>In divorce proceedings the care and custody of children is a question addressing itself to the sound discretion of the trial court, and when this discretion has been exercised, a reviewing court will not interfere with or disturb an order with reference thereto, unless there has been a serious error or an abuse of discretion.</p> <p>2. Continuing Jurisdiction of Court as to Children of Divorced Parents cannot be Used Merely to Reopen Former Adjudication.</p> <p>A trial court has a continuing jurisdiction as to the care and custody of ■the children of divorced parents, but it is not authorized to reopen questions relative thereto previously submitted and adjudicated, unless a substantial change has taken place in the condition- of the parties, which requires a modification of the former order. (a(v..* • ).</p> <p>3. Wealth of Relatives must not Conteol Decision of Coubt as to Custodt .of Children.</p> <p>Jn determining questions relative to tile custody of children of divorced parent's, the wealth and prosperity of relatives should 'not be given an undue and exaggerated consideration and will not control as against the interests and rights of. the mother, especially when it appears that such relatives owe no duty to the children.</p> <p>’{Syllabus approved by the court.]</p>