Silberman v. Katcher

PEARSON, Judge.

This is an appeal from that portion of a final judgment of divorce which grants custody of the two minor children to the father. The mother as appellant urges that the evidence does not support the finding of the trial judge that she is unfit to have custody of the children. She asserts that the trial judge based his determination of the right to custody upon his finding that she had been guilty of adultery.

We agree with the appellant that it is not the relative guilt or innocence of the parties struggling for the children but the welfare of the children which must be…