Opinion
No. 2 CA-CIV 1000.
March 30, 1972.
Proceeding involving custody of children. The Superior Court, Graham County, Cause No. 7334, Robert E. McGhee, J., granted custody of the children to their mother, and appeal and cross-appeal were taken. The Court of Appeals held that evidence supported finding that mother was a fit and proper person to have custody.
Affirmed.
Anderson, Welker Flake by Dudley S. Welker, Safford, for appellant and cross-appellee.
Flynn, Kimerer, Thinnes Galbraith by Michael D. Kimerer, Phoenix, for appellee and cross-appellant.
This appeal requires that we consider the single question, whether the trial court erred in granting custody of the parties' minor children, ages 4 and 7, to their mother. The sole basis for the alleged error is that there is evidence showing that the mother is unfit. We have considered the entire record.
Viewing the evidence, as we must, in the light most favorable to supporting the decree, we find that there is ample evidence demonstrating that the mother was a fit and proper person to have custody. The record shows that she was a regular churchgoer and president of her Sunday school class. It further reveals that she is a good homemaker and is described as a "very good mother." The children appear to be well-adjusted and in good circumstances in her custody.
We will not disturb the judgment on appeal unless it clearly appears that the discretion of the trial court has been abused. Andro v. Andro, 97 Ariz. 302, 400 P.2d 105 (1965), rehearing denied, 98 Ariz. 1, 401 P.2d 404 (1965); Ward v. Ward, 91 Ariz. 296, 371 P.2d 1022 (1962); Wackerman v. Wackerman, 16 Ariz. App. 382, 493 P.2d 928 (1 CA-CIV 1532, filed February 16, 1972). The record demonstrates ample evidence to support the judgment of the trial court, which we affirm.