From Casetext: Smarter Legal Research

Gholson v. Gholson

Supreme Court of New Mexico
Apr 19, 1971
483 P.2d 1313 (N.M. 1971)

Opinion

No. 9167.

April 19, 1971.

Appeal from the District Court, Quay County, J. V. Galleghos, D. J.

Matteucci, Franchini Calkins, Albuquerque, for plaintiff-appellant.

Eugene E. Brockman, Norman E. Runyan, Tucumcari, for defendant-appellee.


OPINION


Plaintiff and defendant were formerly husband and wife. Plaintiff appeals from an order granting defendant rights to the custody of their child greater than those defendant had enjoyed under a prior order entered in this same cause.

The sole question presented is whether the trial court abused its discretion in enlarging the custodial rights of the father, and, consequently, in reducing those of the mother. There is substantial evidence to support the findings of the trial court that a change in circumstances had occurred, which warranted the ordered changes in the child's custody. The trial court has wide discretion in the matter of awarding the custody of a child in a divorce case, and the welfare of the child is the primary consideration in making the award. Urzua v. Urzua, 67 N.M. 304, 355 P.2d 123 (1960). We find no abuse of this discretion by the entry of the order.

The order should be affirmed.

It is so ordered.

COMPTON, C. J., and McMANUS, J., concur.


Summaries of

Gholson v. Gholson

Supreme Court of New Mexico
Apr 19, 1971
483 P.2d 1313 (N.M. 1971)
Case details for

Gholson v. Gholson

Case Details

Full title:Jo Ann GHOLSON, Plaintiff-Appellant, v. Sammy L. GHOLSON…

Court:Supreme Court of New Mexico

Date published: Apr 19, 1971

Citations

483 P.2d 1313 (N.M. 1971)
483 P.2d 1313

Citing Cases

Jeantete v. Jeantete

However, to be a proper exercise of the trial judge's broad discretion in this area, the record must contain…

Creusere v. Creusere

A trial court has wide discretion in awarding custody of a child in a divorce case, and the welfare of the…