Summary
In Hoder v. Hoder, 245 Md. 705 (1967), we recently affirmed Judge Jones' decree refusing custody to a mother who was found to be adulterous and to be otherwise unfit.
Summary of this case from Miller v. MillerOpinion
[No. 146, September Term, 1966.]
Decided April 6, 1967.
CUSTODY OF INFANTS — Adulterous Mother — Presumption Against Award Of Custody To Adulterous Mother Not Overcome By Evidence, Which Showed That Mother's Paramour Had Overriding Influence In Her Life, That Mother Had Given Birth To Illegitimate Child By Paramour At The Age Of Fifteen, And That Father Was Fit Parent. pp. 705-706
G.W.L.
Decided April 6, 1967.
Appeal from the Circuit Court of Baltimore City (JONES, J.).
Raylene M. Hoder instituted an action for custody of minor children against Kenneth Hoder, her husband. From a decree awarding custody of the children to the husband, the wife appeals.
Decree affirmed, costs to be paid by the appellee.
The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.
J. Seymour Sureff for appellant.
Gerald A. Kroop, with whom were Kroop, Cohen Harris on the brief, for appellee.
The mother of two small children contends that the chancellor erred in awarding custody of the children to their father.
Judge Jones found that the mother, who had moved back to Baltimore from the family home in Florida, was carrying on an adulterous relationship with a married man by whom she had an illegitimate child when she was fifteen and that this man was the important, overriding consideration of her life, far more so than the children, and came to the following conclusion:
"Bringing up two young children in such an atmosphere with the mother's paramour being the dominant figure in her life and in the children's surroundings is not conducive to the welfare and best interests of the children. Here the mother has not overcome the strong presumption that she should not, under the circumstances outlined, have the children. Hild v. Hild, 221 Md. 349; Parker v. Parker, 222 Md. 69; Palmer v. Palmer, 238 Md. 327."
Judge Jones found, in addition, that the mother's temperament, character and past attitude towards the children did not qualify her as a fit mother and, judging the future by the past, was unwilling to "gamble with the future welfare of these young children by letting them remain with their mother." The father was found to be a fit parent.
We think the testimony permitted the findings of the chancellor and see no reason to disturb her exercise of judgment and discretion under the circumstances. Cupps v. Cupps, 245 Md. 700, and cases cited.
Decree affirmed, costs to be paid by the appellee.