Taylor v. Taylor

DOOLING, J.

The plaintiff husband in this case was granted an interlocutory decree of divorce on the ground of adultery. Cross-complainant wife had prayed for a divorce on the ground of extreme cruelty which was denied to her in the interlocutory decree. The custody of the six minor children was given to the plaintiff.

Appellant attacks the interlocutory decree in two particulars; 1. She argues that the finding of the trial court that she is an unfit person to have the custody of the children is not supported by the evidence; 2. She argues that the trial court abused its discretion in not granting her a decree of divorce on the ground of extreme cruelty.

The respondent is in the United States Navy and has spent most of the recent years in overseas duty. In December, 1953 the appellant moved to a house in Newark which was rented by her and one Hubert Howeth, representing themselves as husband and wife. She continued these relations with Howeth and in January, 1955 gave birth to a child whose father is Howeth. Appellant and Howeth continued their adulterous relationship, representing themselves as Mr. and Mrs. Howeth, and in September, 1955 they were arrested on suspicion of adultery. The children lived with their mother all during the period of these adulterous relations and were taught to call Howeth “Daddy Hubert.” Howeth is a married man but hopes to get a divorce and expects to marry the appellant when both are free to marry. After the arrest of appellant and Howeth the children were taken to live in the juvenile detention home. While they were there some of the children engaged in discussions as to whether Taylor or Howeth was their father. The oldest child was 10 years of age at the time of the trial in October, 1955. The appellant during all of the period that she lived with Howeth as his wife was receiving a regular allotment for the support of herself and the children from her husband’s salary. Appellant continued her association with Howeth while the children were in the detention home, Howeth driving her down to see them there.

Respondent testified that if awarded the custody of the children they would be physically cared for by his mother and a

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married sister living in Illinois so long as he remains overseas.