Logourl black
From our private database of 14,000+ case briefs...

In re Marriage of Carney

Supreme Court of California
598 P.2d 36 (Cal. 1979)


Facts

William (plaintiff) and Ellen (defendant) Carney were married and had two children. William and Ellen separated, but did not formally divorce, and Ellen relinquished custody of the children to William. Subsequently, William was in an accident and became a paraplegic as a result. The children visited William several times a week in the veterans’ hospital, where he was recovering. William then filed a petition for divorce. Ellen filed a motion for custody of the children. Ellen had not visited the children once after the couple’s separation until two days before the hearing—a period of about five years, almost the children’s entire lives. During that five-year period, Ellen did not financially support the children. The trial court ordered that the children be taken away from William and custody be awarded to Ellen. In doing so, the trial court placed significant weight on William’s physical health and its effect on his ability to raise the children. William appealed. 

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Mosk, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 178,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.