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140 Colo. 591

345 P.2d 1061

Harris v. Harris

Supreme Court of Colorado

Decided November 9, 1959

Supreme Court of Colorado · decided 1959-11-09

Cited by 3 later decisions — most recently April 1960

3 state decisions

Relies on Searle v. Searle · Miller v. Miller · Emerson v. Emerson

Good law ✅— No negative treatment on recordhow we know

Decided 1959-11-09

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Mr. Justice Day

¶1delivered the opinion of the Court.

¶2This writ of error seeks to reverse a custodial order entered by the district court of El Paso County, changing the custody of a minor son of the parties from the mother to the father. This cause, therefore, is within the realm of those cases wherein the established rule of this court, as well as other jurisdictions dealing with custody problems, is that custodial orders are within the sound discretion of the trial court. Miller v. Miller, 79 Colo. 609, 247 Pac. 567; Emerson v. Emerson, 117 Colo. 384, 188 P. (2d) 252.

¶3SOLE QUESTION FOR OUR DETERMINATION.

¶4Are the findings and order supported by the evidence?

¶5This question is answered in the affirmative.

¶6The contentions herein are so similar to those asserted in Searle v. Searle, 115 Colo. 266, 172 P. (2d) 837, that we need do no more than to call attention to the Searle case to sustain the action of the trial court in the case at bar.

¶7The judgment is affirmed.

¶8Mr. Justice Frantz dissents.

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