Gayle v. Gayle

(after stating the case as above). The present appeal involves a contest between a father and a mother, for the custody of their two little hoys, one 4 years, 4 months, and 18 days of age, and the other 2 years, 7 months, and 29 days of age, at the time the decree appealed from was entered.

A decree granting the wife a divorce for cruelty, but awarding tbe custody of the children to the husband, is unusual and not ordinarily to be justified.

Other things being equal, this court by numerous precedents holds the mother of infants of tender years best fitted to bestow the motherly affection, care,…