Nelson v. Nelson
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bowlcmd, Chancellor; 1. The court erred in changing the former decree and awarding the children to appellee. The children are minors, and, by statute as well as common law, the father (unless incompetent or unfit) is the natural guardian and entitled to the custody and care, etc., of the minor children. 22 Ark. 96; 95 Id. 355; 21 Enc.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bowlcmd, Chancellor; 1. The court erred in changing the former decree and awarding the children to appellee. The children are minors, and, by statute as well as common law, the father (unless incompetent or unfit) is the natural guardian and entitled to the custody and care, etc., of the minor children. 22 Ark. 96; 95 Id. 355; 21 Enc. Law 1036-7; 124 Ark. 579. The original decree was a final adjudication awarding the children to the father, and there‘is no testimony is the choice of the children. The proof is that the husband…
1Opinion of the CourtSmith, J.
The parties to this litigation were husband and wife until October 25, 1919; On that date an absolute divorce was granted Mrs. Nelson, the wife. The decree in the case allowed her $7,500 alimony, which was paid by Mr. Nelson. There were four children, and of these the court awarded to the father the custody of Paul, a son 18, J. T., Jr., a son 17, and Virginia, a daughter, age 15. The custody of the remaining child, a daughter, eight years old, named Geraldine, was awarded to the mother. In regard to this last child the order of the court was that “the mother shall support and maintain the…
2Cases cited1 opinion
- Weatherton v. TaylorSupreme Court of Arkansas · 1916
3Cited by23 opinions
- Koon v. KoonWashington Supreme Court · 1957
- Boyles v. BoylesSupreme Court of Arkansas · 1980
- Oliphant v. OliphantSupreme Court of Arkansas · 1928
- Phelps v. PhelpsSupreme Court of Arkansas · 1945
- Vilas v. VilasSupreme Court of Arkansas · 1931
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