Opinion
10-17-1898
WILSON v. WILSON.
J. W. Morgan, for petitioner. W. J. Kraft for defendant.
Petition for divorce by Catherine A. Wilson against John A. Wilson. Decree granted.
J. W. Morgan, for petitioner.
W. J. Kraft for defendant.
GREY, V. C. The testimony submitted in this case to obtain a divorce is not entirely satisfactory to me. I think it should have been more explicit in defining and explaining the husband's offense. I cannot say, however, that a prima facie case has not been made. The defendant husband, though here in person, attempts no refutation of the proofs.which certainly seem to call for contradiction, unless inferences are to be drawn entirely inconsistent with the belief in his faithfulness to his marriage vows. Though with some hesitation, I think I should allow a decree for divorce upon the ground of adultery as charged in the petition.
There remains the question of the disposition of the children. The parties here present, through their counsel, have manifested a willingness to accept a direction that the boy, of the age of 12, shall be given to the custody and care of the father. That should be coupled with a further provision that it should be until the further order of the court, and also a provision that the mother shall have access to the boy, and the privilege of seeing him alone at reasonable times and periods, which perhaps, under the circumstances, it would be well for counsel to arrange. The custody and care of the girl child, of the age of 10 years, counsel have assented, may be given to the mother. That appears to be a proper disposition, but should also be made subject to the further order of the court, and with like privilege of access by the father, upon like arrangement as to time and opportunity. The arrangement indicated will, of course, cast upon the husband the whole obligation for the maintenance and support of the boy. For the support of the girl, that is to continue for a long while, and the order (unless some occasion for a change appears) will last from this time, when the girl is 10 years of age, until she comes to be 21; that is, 11 years. During that period the husband and wife will be disassociated entirely. Both are young enough to be married again. Counsel have upon conference agreed that the sum to be ordered paid by the husband for the support of the girl child shall be five dollars every week.
I will advise an order as indicated,—that the custody of the infant boy should remain with the husband until further order of the court, on the conditions above stated; and the custody and care of the infant girl should remain with the wife under the circumstances above stated, until further order of the court, and for the payment of five dollars per week to the complainant or her solicitor, for the support of the girl child, until the further order of the court. The husband should give security for the payment of this money. Counsel suggest a bond in the penalty of $200, with a surety. This sum is so small that the giving of such a bond amounts to but little more than an evidence of good faith. If the husband is capable of taking a place where he can earn $14 per week, as is shown, he should not have any embarrassment in obtaining a surety to join him in a bond in the penal sum of $200. The bond may be made with a penalty in that sum, with a condition that the husband pay the alimony money to his wife, Catherine A. Wilson, or to her solicitor. There is oftentimes friction in getting the parties together to receive this money, and this may be avoided by arranging payments through the solicitors.