Smith v. Smith

WADE, Justice.

Joseph Thurston Smith commenced a divorce action against his wife, Alyce M. Smith. The divorce was granted to the wife upon her counterclaim. He appeals only from that portion of the decree granting her the custody of their minor children. All but one of the six minor children were 10 years of age or over, and these five children expressed a preference to remain with the father, the appellant herein.

Under Section 30-3-5, U.C.A.1953, in divorce proceedings, where neither party is found to be an immoral or unfit person to have the custody of the children, must the children more…