Bartlett v. Bartlett

The testimony is exceedingly brief, dealing largely with events alleged to have occurred prior to the divorce decree. The only witnesses were the parents of the child. We find no evidence which would warrant a finding of unfitness on the part of either parent to have the custody of the child. In the course of the trial below, counsel for the plaintiff expressly admitted to the court "that we can't make a showing that she [the mother] isn't a fit and proper person." While there is no evidence establishing moral unfitness of the mother nor any evidence of change of conditions with respect…