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Futrell v. Futrell

Court of Appeals of Kentucky
Apr 28, 1961
346 S.W.2d 39 (Ky. Ct. App. 1961)

Opinion

April 28, 1961.

Appeal from the Circuit Court, Livingston County, Earl Osborne, J.

Raymond B. Dycus, Smithland, for appellant.

Pal G. Howard, Benton, for appellee.


The trial court entered a judgment awarding custody of a male child, age 3, to his mother and by the same judgment fixed the time of visitation for the father.

The father is not satisfied with the judgment as it relates to custody and has appealed.

Broad discretion is vested in the chancellor in matters pertaining to custody of children and this Court will not disturb his judgment unless that discretion has been abused. Youngblood v. Youngblood, Ky., 252 S.W.2d 21; Somerville v. Somerville, Ky., 339 S.W.2d 940.

Our examination of this rather lengthy record discloses no legal basis for denying custody of this child to the mother. There appear to be some marked difference of opinion as to how to discipline a child but we find no evidence tending to show that the mother is unfit to care for the child or that it would be to the child's best interest to award custody to anyone other than the mother. We have therefore concluded that custody was properly awarded to the mother. Sebastian v. Sebastian, Ky., 299 Ky. 833, 187 S.W.2d 741.

We find no abuse of discretion. The judgment is therefore affirmed.


Summaries of

Futrell v. Futrell

Court of Appeals of Kentucky
Apr 28, 1961
346 S.W.2d 39 (Ky. Ct. App. 1961)
Case details for

Futrell v. Futrell

Case Details

Full title:Rex FUTRELL, Appellant, v. Helen FUTRELL, Appellee

Court:Court of Appeals of Kentucky

Date published: Apr 28, 1961

Citations

346 S.W.2d 39 (Ky. Ct. App. 1961)

Citing Cases

Spindleman v. Spindleman

Trial courts are vested with broad discretion in matters concerning custody and visitation. See Futrell v.…