Franks v. Franks

This appeal arises from an award of custody of minor child by the trial court in a divorce action. Plaintiff-appellant Robert E. Franks (Robert) filed a divorce action against defendant-appellee Mary Margaret Franks (Mary), who cross-claimed for a divorce. Both sought custody of the child of the marriage. After granting a divorce to Mary, the trial court awarded custody of the child to her parents. Appel lant then filed a motion to correct errors which was overruled, and he perfected this appeal.

Appellant first asserts that the trial court erred in failing to make a finding that he was unfit…