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Rogers v. Crowder

Citations: 1958 Ark. LEXIS 741; 229 Ark. 236; 315 S.W.2d 914Docket: 5-1616

Court: Supreme Court of Arkansas; June 16, 1958; Arkansas; State Supreme Court

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The custody dispute involves a nine-year-old boy, with the child's father, Clinton Rogers, appealing a chancellor's decision that denied his petition for a change of custody from the child's maternal grandmother, Mrs. Crowder, who was appointed guardian after the mother’s death. Clinton and Wanda Rogers were divorced in 1949, with custody awarded to Wanda and child support set at $15 weekly. Clinton was jailed shortly after for non-payment and subsequently moved to Oregon, neglecting his support obligations for about eight years, claiming vague contributions without evidence.

After Wanda remarried and faced financial difficulties, she and her second husband, Curry, moved in with Mrs. Crowder, who significantly contributed to the child's upbringing. In September 1957, following the tragic deaths of Wanda and Curry, Mrs. Crowder became the child's guardian. The chancellor found the child healthy, well-adjusted, and devoted to his grandmother, who had primarily raised him since birth.

Clinton, now remarried and with a child, failed to present his new wife in court, raising concerns about her fitness as a mother and her commitment to the child’s upbringing. The court noted Clinton’s claim to custody was primarily based on his status as the father, which did not outweigh the evidence favoring Mrs. Crowder’s guardianship.

Additionally, the chancellor's decision to overrule Clinton’s demurrer regarding a claim by Wanda Curry's administrator for overdue support payments was mentioned, but this issue remains unresolved on its merits. The court affirmed the chancellor’s decree, emphasizing the latter’s advantage in assessing the parties firsthand.