Tucker v. Tucker

BROCK, Chief Judge.

Plaintiff assigns as error that there is not sufficient evidence to support the findings and conclusions of the trial judge that plaintiff is presently unfit to have custody of Timmy Joe Tucker and that the best interests of said minor will be served by awarding his custody to his older brother. We disagree. We think in this case the evidence supports the findings and the findings support the action taken by the trial judge.

“As a general rule at common law and under our own decisions, parents have the legal right to the custody of their children. (Citation omitted.) ‘This…