Bush v. Bush

MARKS, J.

This is an appeal from an order refusing to modify a decree of divorce by changing the custody of the minor child of the parties from its father to its mother.

The original decree dated November 20, 1944, awarded custody of Ronald Mitchell Bush to plaintiff, his father, with the right of reasonable visitation by defendant, the mother, and the right to have him over week ends when it would not interfere with his “health, welfare or training.” This decree was affirmed on appeal

(Bush

v.

Bush,

72 Cal.App.2d 487 [164 P.2d 774]) where numerous pertinent facts are recited. It was then found that defendant was not a fit and proper person to have control of the boy. The case on appeal was decided on January 8, 1946, and the remittitur went down 60 days later. On April 11, 1946, defendant secured an order to show cause why custody of the child should not be changed, which was based on her affidavit.

Ronald would reach the age of five years in July, 1946. For several years he had been in the home of his father who lived with his parents in Santa Ana in Orange County. He was eared for by his father and his paternal grandparents. The record indicates that his life there seemed normal, that he was well cared for and that he possessed the usual frailties found in a boy of his age. He showed much affection for

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his father, his mother and his grandparents, all of whom entertained a deep affection for him.

Mrs. Bush lived with her unmarried brother in Redondo, both of them being employed. She worked in an office five days a week from 9 o’clock in the morning to 5 o’clock in the afternoon. There was an excellent private school about one-half mile from the office where she worked. If given custody of Ronald she proposed to leave him at this school on her way to work and pick him up on her return home. If she were away from home on any evening or on Saturday or Sunday she proposed to hire someone to care for Ronald during her absence. She was willing to pay the costs of sending him to this school over any amount the court ordered plaintiff to pay, or all of the expense if plaintiff were required to pay nothing. If plaintiff retained custody of Ronald he proposed to send him to school in Santa Ana when he reached school age.