Barbour v. Barbour

DIVORCE ? CUSTODY ? INFANTS ? EQUITY. 1. Divorce ? Custody Jurisdiction continuing. In divorce proceedings, generally courts jurisdiction is continuing in child custody matters. 2. Divorce ? Costs and counsel fees allowed. Court properly allowed costs and counsel fees on motion to modify order awarding custody of children of divorced parents. 3. Divorce ? 296, 298(1), 302. Under statute all child custody orders are interlocutory in nature, discretionary with District Court, and conditioned by what the District Court in its sound discretion believes to be for the well-being of the children concerned, and limitations on residence of children are to be imposed only in furtherance of best interests of the children, inconvenience to parents being irrelevant. 4. Divorce ? Residence of children. Refusing to restrict residence of children of divorced parents whose custody was given to mother with right of visitation by father was not an abuse of discretion where childrens well-being was not so much dependent upon continuance or change of their present residence as upon change in their parents hearts. 5. Divorce ? Case must be decided on its own facts. In determining custody of children of divorced parents, each case must be decided upon its own peculiar facts and circumstances. 6. Divorce ? Visitation rights. The order of visitation of child or children of divorced parents should not make the right of visitation contingent upon the invitation from parent having custody of child, or require consent of one parent for the other to visit the child, or provide that parent shall have the right of visitation only at such times as may be convenient to the other parent, thereby leaving privilege of visitation entirely to discretion of party having child in custody. 7. Divorce ? Words and phrases "alimony" ? "Maintenance money" ? "Money for child support." Payments which are terminated by divorced wifes remarriage are referred to as "alimony," and payments for support of children not terminated by wifes remarriage are referred to as "maintenance money," "support money" or as "money for child support," etc. 8. Equity ? He who seeks equity must do equity. 9. Parent and Child ? Support of children. The law intends that parents shall support their children, as the law likewise intends that children shall support their indigent parents, since the state is a parent by proxy and can only do the best it can. 10. Divorce ? No abuse of discretion. That portion of order which conditioned divorced husbands right - Page 318 of visitation of children whose custody had been awarded to mother upon his prompt payment of money for support of his children was not an abuse of discretion under evidence. 11. Divorce ? Husband not entitled to modification. Divorced husband who had deliberately, willfully and continuously refused to make payments required by decree for support of his children was not entitled to petition for modification of decree unless the best interests and welfare of the children required the modification. 12. Divorce ? Visitation rights of husband. Conditions under which divorced fathers visits may be made, the time, place, and duration of them, his conduct during such visits are all proper subjects for regulation by court, and if court requires as condition precedent to fathers right to visit his child that he make further reasonable contributions to its support father may not complain.