Matlock v. Elam

Opinion of the Court by

Drury, Commissioner—

Reversing.

In this contest between Tom Matlock, the father of Emma Jean Matlock, a ten year old girl, and Dan Elam and Emma Elam, her maternal grandparents, for custody of this child, the grandparents were successful, and' the father has appealed.

The child’s mother is dead, and by section 2016, Ky. Stats., Tom Matlock, as the surviving parent of Emma Jean Matlock, is entitled to have the custody, nurture, and education of her, if suited to that trust, and there being no evidence that he is not so suited, and the trial court did not expressly find he…