Whetsell v. Wallizer

Per Curiam. In this custody case, the child’s parents were killed in an automobile accident when she was three years old. The child, Debra, was in the car and sustained serious injuries. She has no brothers or sisters and, after the tragic accident, was shifted monthly between her maternal and paternal grandparents, none of whom is. seeking custody.

The rival petitioners for custody are the appellant, Ronald Henry Whetsell, brother of the child’s mother, and.his wife; and the appellee, LaVerne Alice Wallizer, sister of the child’s father, and her husband. Judge Hamill, in the Circuit Court for Allegany County, awarded custody and guardianship to the Wallizers. The chancellor found that either the Whetsells or the Wallizers could furnish Debra a good home. The Wallizers are both 40, whereas Mr. Whetsell is 27 and his wife 21.

The Wallizers live in LaVale, a suburb of Cumberland, in the general area in which Debra’s family had lived. They have one child, a daughter 13 years of age. Mr. Wallizer is an electrician with an income sufficient to support Debra; his wife does not work. Mr. Whet-sell operates a restaurant and tavern.

The Whetsells live in Cumberland; they have a daughter three years younger than Debra. The testimony indicates that, because of her injuries in the accident, Debra will need special care. The Wallizers plan to add another room to their house for her and to send her to the same Methodist church in which her parents were active. The Chancellor, among other circumstances which he discussed in his opinion, referred to the fact that the Whetsells would raise Debra as a Methodist, although Mrs. Whetsell is a Catholic and their infant child is to be raised in that religion He said as to this phase in the matter: ⁷¹³ “I wish to expressly state that I am not inferring that this, would be necessarily detrimental to said Debra Ann, nor in any way reflecting upon the Whetsell family, but it is felt that it is better for all members of a family to belong to the same church affiliation.” The Whetsells