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eBook details

• Title: Roy A. Miller v. Wanda K. Miller a/K/a
• Author : Supreme Court of Idaho No. 11293
• Release Date : January 26, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This is an appeal from an order modifying the custody provision of a divorce decree. The plaintiff-appellant, Roy A. Miller, and the defendant-respondent, Wanda K. Miller, were husband and wife, and a child, Randy Allen Miller, was born during the marriage. The appellant filed an action for divorce in the district court in which his amended complaint alleged that he believed himself to be the father of the child. The respondent did not answer the amended complaint. A hearing was held and the appellant testified that he had been informed that the child was not his as stated in his original complaint, but that he had since decided that the child was his son and accordingly had modified the complaint. In the divorce action an affidavit by the respondent was filed which stated that she was unable to care for the child, and it would be in the child's best interest to grant custody to the appellant. Mrs. Wanda McFarland, the mother of the respondent, testified that the respondent was not sufficiently emotionally stable to raise the child and stated that it would be in the child's best interest to grant custody to the appellant. On August 6, 1971, the district court entered a decree of divorce for the appellant which provided that the plaintiff [appellant] be, and he is hereby, granted care, custody and control of Randy Allen Miller, the minor child of the parties * * *. On March 6, 1972, the respondent filed a motion in the district court which requested an order modifying the Decree of Divorce granting the defendant [appellant] the full care, custody and control of the minor child * * *. A medical report was introduced in the record which established that the appellant was not the father of the child. The respondent declined to offer any further evidence in support of her motion. The appellant offered testimony by several witnesses that the respondent was unfit to have custody of the child. The respondent then offered testimony in rebuttal to the appellant's evidence. After oral arguments on the motion the district court stated,

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