Smothers v. Smothers

The decision of the majority which has approved the taking of the custody of three minor children from their natural mother does not comport with my understanding of the law, the evidence in this case or my sense of justice. Over twenty-five years ago one of our sister state courts made some observations which are particularly appropriate:

“Above all, the question here, as already observed, is not one of abstract morals, but rather whether the mother’s indiscretions have been such as to affect her right to custody; whether the welfare of the children has been or will be harmed thereby. The law…