Baier v. Baier

12 Citing cases

  1. Shrout v. Shrout

    224 Or. 521 (Or. 1960)   Cited 24 times
    In Shrout v. Shrout, 224 Or. 521, 356 P.2d 935, principally relied on, the court said, among other things, that any moral transgression of the mother, along with other relevant factors, must be considered in determining what is best for the children in the matter of their custody.

    This court has also generally held that children of tender years, particularly girls, should be awarded to the custody of the mother unless she is morally unfit. Fisher v. Fisher, 133 Or. 318, 320, 289 P.2d 1062; Baier v. Baier, 172 Or. 83, 87, 139 P.2d 562; Leverich v. Leverich, 175 Or. 174, 177, 152 P.2d 303; Richardson v. Richardson, 182 Or. 141, 143, 186 P.2d 398; Ruch v. Ruch, 183 Or. 240, 244, 192 P.2d 272; Cripe v. Cripe, supra; Goldson v. Goldson, 192 Or. 611, 621, 236 P.2d 314; and Wilson v. Wilson, 199 Or. 263, 260 P.2d 952. This salutary rule should be followed whenever possible. However, it is not controlling and should be applied only when its application will be in the best interests of the children.

  2. Wengert v. Wengert

    301 P.2d 190 (Or. 1956)   Cited 2 times

    The law of this state requires that for a child of tender years to be taken from the care of its mother there must be clear proof that the mother is morally unfit or otherwise incompetent to rear the child. Goldson v. Goldson, 192 Or. 611, 236 P.2d 314; Baier v. Baier, 172 Or. 83, 139 P.2d 562; and Ruch v. Ruch, 183 Or. 240, 192 P.2d 272. Taking the testimony of defendant himself, and reading it in the light least favorable to plaintiff, there is no indication whatever that plaintiff's faults, however serious they are claimed to be, have in any way interfered with the proper performance of her duties as a mother, nor that they are likely to do so in the future. When far more serious charges have been made and proved, this court has nevertheless refused to separate the child from its mother, where her alleged misconduct did not have a direct bearing upon the welfare of the child.

  3. Bogh v. Lumbattis

    203 Or. 298 (Or. 1955)   Cited 17 times

    When such evidence also discloses that there has been a reformation, the claims of the repentant mother to custody are greatly enhanced. Ruch v. Ruch, supra, at page 244; Leverich v. Leverich, supra, 175 Or. 174, 179; Baier v. Baier, 172 Or. 83, 87, 139 P.2d 562. We have no disposition to retreat from the holdings found in those cases.

  4. Pick v. Pick

    251 P.2d 472 (Or. 1952)   Cited 7 times

    The statements of this court in Ruch v. Ruch concerning children of tender age applies with particular force to infant girls. Goldson v. Goldson, supra; Baier v. Baier, 172 Or. 83, 87, 139 P.2d 562. During the minority of this child the jurisdiction of the trial court is a continuing jurisdiction over all questions pertaining to its best interests and welfare.

  5. Goldson v. Goldson

    192 Or. 611 (Or. 1951)   Cited 30 times

    It is a well-established rule in this state that in divorce proceedings children of tender years should be awarded to the custody of their mother, unless she is morally unfit. In Baier v. Baier, 172 Or. 83, 87, 139 P.2d 562, the rule is stated thus: "In divorce proceedings, children of tender years, more especially girl children, should be awarded into the custody of their mother, notwithstanding the fact that she is the losing party, unless she is morally unfit."

  6. Kloster v. Kloster

    213 P.2d 448 (Or. 1950)   Cited 1 times

    Notwithstanding the provisions of the statute, (Section 9-914, O.C.L.A., as amended, Chap. 228, Oregon Laws 1947), this court is committed to the proposition that children of tender years generally should be awarded to the mother even though she is the losing party, unless she is morally unfit. Baier v. Baier, 172 Or. 83, 129 P.2d 562; Leverich v. Leverich, 175 Or. 174, 152 P.2d 303. We have carefully followed the tale of marital experiences and indiscretions through many pages of the record and have found nothing which, if published, would assist the profession or redeem tarnished reputations.

  7. Kellogg v. Kellogg

    213 P.2d 172 (Or. 1949)   Cited 16 times

    Nevertheless, this court has held in numerous cases that children of tender years, particularly girl children, should be awarded to the custody of their mothers, even when the mother is the losing party, unless she is morally unfit. Barnes v. Long, 54 Or. 548, 104 P. 296, 25 L.R.A. (N.S.) 172, 21 Ann. Cas., 465; Griffin v. Griffin, 95 Or. 78, 187, P. 598; Wells v. Wells-Crawford, 120 Or. 557, 251 P. 263; Borigo v. Borigo, 142 Or. 46, 18 P.2d 810; Sachs v. Sachs, 145 Or. 23, 25 P.2d 159; Baier v. Baier, 172 Or. 83, 139 P.2d 562; Leverich v. Leverich, 175 Or. 174, 152 P.2d 303. The divorce decree in the present case, however, gave custody to plaintiff. Before any change in custody is made, it must be shown that, since the entry of the decree, there has been a change in conditions affecting the welfare of the child, and that the proposed change in custody would be for the child's best interests.

  8. Ruch v. Ruch

    192 P.2d 272 (Or. 1948)   Cited 22 times
    In Ruch v. Ruch, 183 Or. 240, 192 P.2d 272 (1948), our Supreme Court expressed its strong disapproval of a secret agreement between a husband and wife — that if the wife would not contest the divorce the husband would obtain custody of the child but would permit the wife to have physical custody of the child.

    She should not be forever condemned. Leverich v. Leverich, 175 Or. 174, 152 P.2d 303; Baier v. Baier, 172 Or. 83, 139 P.2d 562; Sorge v. Sorge, 112 Wn. 131, 191 P. 817; 17 Am. Jur. 519, § 684. Counsel in oral argument advised the court that defendant has remarried. We think she will continue to give to this boy the tender care and love to which he is entitled and which is so necessary to his proper development to manhood.

  9. Van Doozer v. Van Doozer

    181 P.2d 126 (Or. 1947)   Cited 4 times

    because of that mother instinct that it is better for a child to have a good mother than a grandmother, as grand as that grandmother may be. Further, we feel that it is an imposition upon this generous grandmother to add to her cares, at her age, the managing, nurturing and disciplining, even for two months out of each year, of this lively specimen of young America. Considering the age of the child, the age of the grandmother, the fact that respondent is the party at fault and the further and all important fact that the record establishes that appellant has been a good mother, we hold that the best interests of this child will be promoted by modifying the decree as rendered, eliminating therefrom that provision permitting the father to take the child to the home of his parents during July and August of each year. There are many things distinguishing this case from Hughes v. Hughes, supra, chief among them being the age of the child. Phillips v. Phillips, 175 Or. 14, 25, 149 P.2d 967; Baier v. Baier, 172 Or. 83, 87, 139 P.2d 562; 2 Nelson, Divorce and Annulment (2d ed.) § 15.09. While there is nothing in the record to indicate why the court prohibited appellant from removing the child from the jurisdiction of the court for more than thirty days at any time without the consent of the court, yet we are unable to understand why this is any handicap to appellant.

  10. Spath v. Spath

    177 Or. 375 (Or. 1945)   Cited 1 times

    Under such circumstances, great weight should be given to the findings of the trial judge. Baier v. Baier, 172 Or. 83, 139 P.2d 562; Fowler v. Fowler, 158 Or. 568, 76 P.2d 1132. We have read the entire record and are impressed with the straightforward manner in which the plaintiff gave her testimony.