Schlegel v. Schlegel

SAMUEL, Judge.

Plaintiff appeals from a judgment denying his rule for change of custody of his two minor daughters. In this court he contends the trial court erred in: (1) not finding the defendant an unfit mother; (2) applying the maternal preference rule; and (3) not basing the award of custody on the best interest and welfare of the children.

Appellant’s first contention, with which we do not agree, is based upon the alleged unsavory lifestyle of his former wife. The evidence reflects he obtained a divorce from the defendant on the ground of adultery. However, the wife was awarded custody at…