Robelet v. Robelet

KAUFMAN, J.

This is an appeal from an order of the Superior Court of San Mateo County, made on September 8, 1952, awarding custody and control of the minor children of the parties to this proceeding to their mother, Doris Alvarado, formerly Doris Robelet, the respondent herein.

Victor and Doris Robelet were married on September 21, 1940. Their children Doreen and Victor were born on December 25, 1941, and June 23, 1943. On March 22, 1949, an interlocutory decree of divorce was entered in favor of Doris upon grounds of extreme cruelty, and care, custody and control of the minor children were awarded to her. The final decree of divorce, which incorporated by reference the provisions of the interlocutory decree, was entered on March 22, 1950.

Respondent, Doris Robelet, was at the time of granting the interlocutory decree, seriously ill both physically and mentally, and upon the advice of her physician and her attorney, allowed the paternal grandmother of the children to have their physical custody. The grandparents’ home had always been near to the home of the children’s parents, and there was a very

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pleasant relationship between the grandmother and the children. Appellant also lived in the grandparents’ home with the children.

The treatment of the mother’s illness took a long period of time, but she is now apparently completely recovered both in her physical and mental health.

In April, 1952,"respondent married William Alvarado and their, home is in Covina, California.

In June, 1952, appellant, Victor Robelet, remarried, and resides in San Mateo County with his present wife and her young daughter whom he has legally adopted.

Appellant applied in June 1952 to the Superior Court of San Mateo County to change the order for custody and. control of the children from the mother to him. The matter was heard by Judge Gregory P. Maushart who was at that time sitting in the Superior Court of San Mateo County. On October 3, 1952, he ordered that the interlocutory and final decrees of divorce be modified so as to give the care, custody and control of the children to the father, Victor Robelet, with visitation rights to the mother, and ordered that they should be allowed to visit and remain with her during Easter vacation and from June 1953 till September 1953. In an opinion filed prior to the order, the judge stated that the case was most unusual in that both parties are sincere in their efforts to determine what is for the best interest of the children, and that both parents are fit persons to have their care, custody and control. He stated that he made the order for the purpose of giving the children an opportunity to live with their mother during the summer, and be able to express an intelligent opinion concerning their future place of habitation, and that a further hearing be held in August 1953 prior to the opening of school so that it might be determined whether a further change in the custody order would be for the best interest of the children. The opinion concluded as follows: “It is distinctly to be understood that the order made herein by the Court is without prejudice to either party to further apply for modification of this order.”