McClain v. McClain

Citations

• 115 Wash. 237
• 197 P. 5
• 1921 Wash. LEXIS 720

Syllabus

<p>Divorce (100)—Children—Award of Custody. The welfare of the child of divorced parents being the paramount consideration in awarding its custody, an award to the father, who is better able to give it proper care and education, is proper, although he may have violated an order of court decreeing custody of the child alternately to each parent until further order of the court.</p> <p>On Rehearing En Banc.</p> <p>Divorce (100)—Children — Award of Custody — Welfare of Child. Where the child’s welfare and best interests will not necessarily be promoted thereby, a modification of a divorce decree of a court of a sister state, awarding the custody alternately to each parent, will be denied, where it appears that the father violated the decree by taking the child from the jurisdiction and concealing his whereabouts for years, and, together with a stepmother, refuse to teach the child to respect or love his natural mother; since in that respect the child is not being well treated.</p>