107 Wash. 13 | Wash. | 1919
This controversy relates to the custody and welfare of three girls, now about twelve, ten, and eight years of age, respectively. Their parents, the parties to the suit, were married on December 30, 1905, and divorced on August 18, 1917. By the decree of divorce, all three of the children were awarded to the father. Each of the parents has since remarried, not one to the other. Upon application of the mother,the original decree was so modified that she was given' “the absolute custody and control of said minor children,” allowing the father to have them at specified occasional short periods of time. From the modified
The history of the case gives us very little trouble. The evidence is clear and convincing, much of it that
On the first day after the expiration of the limitation of time fixed in the decree, viz., February 18, 1918, she married Smith—the associate and author of her former delinquencies. She and her present husband own no property. After their marriage, they lived in a single housekeeping room in an apartment house until a few days before the hearing of her application for the custody of the children, when they rented and moved into a small house supplied with their furniture. Her husband works at one of the shipyards at Seattle where, notwithstanding the commonly-known high wages, he gets less than $4 per day for his work. She works at a store for small wages.
The question of whether one of the parents shall prevail, in the spirit of victory over the other, is in no sense involved in this case. Their ways are divided; their rights are subordinate. The serious matter is the welfare of the children, who should be kept together, if possible, and not denied each the others’ society. From a material point of view, there is no question appellant’s home is to be preferred for the children. Other and more important considerations suggest the same course. In cases of divorce where children of very tender years are involved, other things being near equal, the mother is preferred as their custodian, more especially in the case of female children. But there are exceptions to this rule which become more controlling as the child grows older, the chief of which becomes impelling in the case of a female child as it reaches the age of ten or twelve
Their best interests require a reversal of the decree appealed from, which is hereby directed.
Chadwick, C. J., Tolman, Mackintosh, and Main, JJ., concur.