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211 Kan. 172

505 P.2d 690

Richardson v. Richardson

Supreme Court of Kansas

Decided January 20, 1973

Supreme Court of Kansas · decided 1973-01-20

Key passage — most relied on by later courts

““We have many times held that the paramount concern of the court in a child custody case is the welfare of the children. Whether a child custody order will be changed or modified rests in the sound judicial discretion of the trial court. Its judgment will not be disturbed unless the record clearly shows that discretion to have been abused.””

quoted by 1 later decision, including 13 Kan. App. 2d 89 - In Re the Marriage of Talkington

Relies on Perrenoud v. Perrenoud · Bierce v. Hanson

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-20

How this case has been cited

Cited by 12 later decisions — most recently May 2002

12 state decisions

401973198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam:

¶1 This is a child custody case. Appellant, mother of the two minor children, was defendant in the divorce case in the trial court. When the divorce decree was rendered, January 13, 1970, it was stipulated by the parties that the father have custody of the children.

¶2 The father took the children to. Phillipsburg, Missouri, to live with his parents during the week. To make a living it is necessary for him to work in Kansas City, Missouri. He resides in Kansas City during the week and returns to Phillipsburg to be with his children on weekends.

¶3 The mother (appellant) remarried. Two or three months after this marriage she filed a motion for custody of the children based upon her changed circumstances and the fact the children were living in their grandparents’ home. The only testimony offered at the hearing upon the motion was that of appellant, her new husband and two friends. There was no evidence that the children were suffering from the existing living arrangement. Appellant’s counsel requested that appellee be called to testify but only to show that the children were living with the grandparents. The trial court observed that this point could be stipulated.

¶4 The trial court found, everything considered, the best interests of the children would not be served by a change of custody. The motion was overruled. Appellant appeals from this order.

¶5 We have many times held that the paramount concern of the court in a child custody case is the welfare of the children. Whether a child custody order will be changed or modified rests in the sound judicial discretion of the trial court. Its judgment will not be dis *173 turbed unless the record clearly shows that discretion to have been abused. (Bierce v. Hanson, 171 Kan. 422, 233 P. 2d 520; Perrenoud v. Perrenoud, 206 Kan. 559, 480 P. 2d 749.)

¶6 A review of the evidence and the record discloses no abuse of discretion by the trial court.

¶7 The judgment is affirmed.

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