Russner v. McMillan

Citations

• 37 Wash. 416
• 79 P. 988
• 1905 Wash. LEXIS 744

Syllabus

<p>Parent and Child — Guardians—Appointment—Qualifications —Custody of Infants — Father Improper Person. After a decree of divorce for non-support awarding to the mother the custody of children between two and five years of age, the father, upon the mother’s death, is not entitled to their custody and guardianship, where it appears that he was addicted to the use of liquor, was without a home or relatives to care for them, and was engaged as a waiter in a saloon, and had been in the habit of giving the children liquor; and a temporary appointment of their grandmother, who was found to be a suitable person, is proper and will not be disturbed where the trial court saw and heard the witnesses.</p> <p>Same — Temporary Guardianship — Equity Powers of Court. Upon conflicting applications of a father and a grandmother for the guardianship and custody of young children, where the father appears to be unfit to have their custody, the judgment awarding the custody to the grandmother may properly be made temporary in its character, and the children made wards of the court, for the purpose of changing the guardianship if the father should reform in the future and furnish proper assurances of his qualifications, or if the guardianship of the grandmother should become unsuitable, and the equitable jurisdiction of the court may he invoked in such a proceeding.</p> <p>Same — Evidence of Fitness of Guardian — Admissibility. Upon an issue as to the fitness of a person to have the custody of children, it is proper to exclude evidence that one of the applicant’s daughters had been arrested for vagrancy, where she had not had her custody or rearing and was in no way responsible therefor.</p>