IN RE MARRIAGE OF CARNEY 24 Cal.3d 725 (1979) CASE BRIEF

IN RE MARRIAGE OF CARNEY

24 Cal.3d 725 (1979)

NATURE OF THE CASE: H, father, sought review of an interlocutory decree of dissolution, which transferred custody of the two minor children of the parties' marriage from H to W.

FACTS: William and Ellen were married in 1968. Both were teenagers at that time. Two sons were born and the parties separated shortly thereafter in 1972. W relinquished custody of the children to H by written agreement. H eventually moved to the west coast and began living with a young woman named Lori Rivera, who acted as a stepmother to the boys. H and Lori had a daughter and Lori proceeded to raise all the children as her own. In 1976, H was injured while serving in the military reserve. H was left a quadriplegic although he had impaired use of his arms and hands. H spent several years in a military hospital and the children visited him. H eventually bought a van with a wheelchair lift and hand controls. In May of 1977, H filed for a dissolution of the marriage to W. W did not once visit her sons or make a contribution to them from 1972-1977. About the only contact that W had with the boys was by telephone, a few letters, and packages. The trial court gave custody of the boys to W and W was allowed to move them back to New York. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner