Kane v. Miller

Citations

• 40 Wash. 125
• 82 P. 177
• 1905 Wash. LEXIS 950

Syllabus

<p>Divorce — Action to Modify Decree — Custody of Children — Welfare Paramount Consideration — Condition of Parents — School Advantages — Wishes of Children- — Evidence—Sufficiency. The custody of minor children being determined by considerations as to their welfare, rather than the claims of the parties, it is error to enforce a decree of divorce requiring the mother to relinquish to the father the custody of two hoys after they attain the age of ten years, where it appears that both parties have remarried, that the mother is permanently located near the best of schools, which they attend, has no other children and is able to and does give them the best of care and attention; while the father has no permannt location, is much away from home, has another child, and took no steps for several years to secure their custody when entitled thereto, and discontinued contributing to their support; especially where both children are attached to the mother and prefer to remain with her.</p> <p>Same — Conclusiveness of Decree in Absence of Appeal — Award Not Pinal — Change in Conditions. A decree of divorce unappealed from, awarding the custody of children to one of the parties, is not final, if the award was subject to the further order of the court; nor is it final where the conditions of both parties have been changed by remarriage and other conditions affecting the welfare of the children.</p>