Jordana v. Corley

I concur in the result. I believe that the lower court made a mistake in transferring the custody of the children from one party to the other, but I am not sufficiently positive of the correctness of my belief to say that the decision is clearly erroneous.

The remarks which follow are intended as provisional hypotheses, tentative approaches toward a philosophy of custody in difficult cases. They are not intended to be critical of the trial court and the majority opinion, which apply the usual standards in such cases.

We should not be so much interested in the fitness of the parents as such, but…