The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-12-14
the IIllmln Case.
DIVORCED PARENTS TO SHARE
CUSTODY OF CHILDREN.
Mother Declared Fit Person to Care
for Offspring, but Supreme Court
Holds father, by Conduct OF Past
Three Years, Entitled to Respect
and Consideration. Therefore De-
crecs He Shall Have Children
About Ten Weeks I'm Each Year.


About Ten Weeks I'm Each Year.
Columbia, Dec. 9.-Mrs Lucy Du-
gas 10 permitted to retain the custody
of her two children. Douschka
Pickens and Sarah Starke Tillman,
on the conditions that their father, B.
r. Tillman. Jr., have them two
months In the summer, half Of the
Christmas holidays. and one week
each spring. and also be permitted to
see them with reasonable frequency
under conditions which will not be
embarrassing to him. according to
the opinion Of the Supreme Court filed
this afternoon.
The court orders that the children
be kept within Its Jurisdiction and re-
Quires both the father and mother TO
enter into bonds Of $1,000 each that
they will carry out the provisions of
the decree.
IL will be recalled that the fact that
his wife had obtained divorce from
him was stressed by young Tillman In
his plea for his children, and OF this
the court says:
Tho court cannot say that the re-
spondent has become unfit to rear her
children because she obtained d.
vorce after this court had adjudged
that her separation from her husband
was due to his fault. 1t is true that
divorce is against the legislative policy
Of this state. as expressed by the pro-
hibition Of the Constitution. but In the
face Of the opposite sentiment Of the
vast majority OF the people Of the CIV
ilised world. II would be arrogant for
this court to say that the mere act Of
obtaining q divorce II 80 bad as to
show upntness for maternal duties and
obligations"
The court holds ehat Mrs Dugas has
been most loving and devoted moth
-er to tho two little girls. and that she
has discharged her duties az only a
mother could. IL holds that the faith.
er. young Tillman. has led a sober, In
dustrious life for the past three years
and Is entitled to respect and consid-
-eration.
1T In true" says the court, that B.
R. Tillman. Jr.. was not formal party
a. that proceeding. but he submitted
an atndavit no claim on his
own behalf, ilstlng on the cl airn
OF his father ,other 20 whom ne
had solemnly conveyed ali his rights
and custody. II Is clear that ny this
action he became bound by the decree
rendered In the former proceeding,
but that decree expressly declared. In
accordance with the well settled law,
that an application might be made for
change of custody upon proof of
such material change OF conditions as
to make a step proper.
The judgment OF the court as to
the custody OF child is never final,
Tor the court must at all times be
free TO act upon such a vital change
OF conditions as requires a change of
custody. But II Is none the less true,
that the father having been adjudged
responsible for the situation which re-
auired the court to give the custody to
the mother. he cannot demand that
the children be taken from her unless
he shows her to have become unfit for
their custody. This. we think, he ha !,
not done.
T.sere can be no doubt that the
mother 10 giving To the children the
most affectionate and assiduous care.
The fact that she has joined the Cath
Ollie church Is nothing against her, nor
Is !. for n court To Judge Il an injury
To the children. II is regrettabl, that
the sectarian religious influence
shouldn't be that with which the faith
er is sympathetic. but II would be Just
as regrettable To the mother for the
children In the custody OF the father
TO he under religious influences with
which she is not In sympathy.
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